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2005-11-09
Revised November 4, 2005 CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Wednesday, November 9, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: X Shaun Wardle 0 Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Joe Borton 3. Community Invocation by Dave Clark: 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: A. Approve Minutes of October 25, 2005 City Pre -Council Meeting: Approve B. Approve Real Estate Purchase and Sale Agreement and Deed for Thousand Springs Surplus Property: Approve C. Agreement for Professional Services Water Division Building Project with Materials Testing & Inspection, Inc.: Approve D. Idaho Power Easement Agreement for the New K-9 Building: Approve E. Approve the Water Main Easement for Pioneer Building #2: Approve G. Department Reports: A. Police Department — Bill Musser 1. Re -Organization Items for Police Department: Approve Meridian City Council Meeting Agenda — November 9, 2005 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised November 4, 2005 B. Planning Department —Anna Canning 1. Brad Hawkins -Clark leaving and Craig Hood promoted: 2. Comprehensive Plan Amendments Scheduling: A. Downtown Design Guidelines CPA 05-003: Shaun and Will will work on date for that B. North Meridian Area Plan CPA 05-004: Workshop Set for November 15, 2005 at 5:00 PM C. Conger Comp Plan Map Amendment CPA 05-002: Public Hearing before February 7, 2006: D. South Eagle and Victory Road Property Owner's Alliance CPA 05-001: Public Hearing before February 7, 2006 7. Items Moved from Consent Agenda: 8. FP 05-065 Request for Final Plat approval of 74 building lots and 5 common lots on 19.72 acres in a R-8 zone for Sicily Subdivision by Landmark Engineering and Planning — south of East Victory Road and west of South Locust Grove Road: Approve 9. Continued Public Hearing from November 1, 2005: PP 05-044 Request for Preliminary Plat approval of 60 single-family residential building lots and 4 common area lots on 23.9 acres in a R-4 zone for Bridgetower Crossing Subdivision No. 14 by Primeland Development, LLP -- north of West Ustick Road and west of North Linder Road: Approve Findings of Fact and Conclusions of Law for Approval 10. Public Hearing for Transfer of City Parking Lot to the Meridian Development Corporation: Close Public Hearing 11. Ordinance No. : Transferring City Parking Lot to the Meridian Development Corporation: Amend Ordinance Table to November 15, 2005 12. Public Hearing: AZ 05-040 Request for Annexation and Zoning of 312.67 acres from RUT to C -G, L -O and R-4 zones for Volterra Subdivision by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: Approve Amended Findings of Fact and Conclusions of Law for Approval Meridian City Council Meeting Agenda — November 9, 2005 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised November 4, 2005 13. Public Hearing: PP 05-039 Request for Preliminary Plat approval of 613 building lots (540 detached single-family residential, 9 commercial, 11 office) and 53 common area lots on 232.32 acres in proposed R-4, C -G and L -O zones for Volterra Subdivision by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: Approve Amended Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: PP 05-040 Request for Preliminary Plat approval of 205 building lots (134 detached single-family residential, 54 attached single- family residential (patio homes), 13 commercial, 4 office) and 22 common area lots on 80.36 acres in proposed C -G, L -O and R-4 zones for Volterra Subdivision South by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: Approve Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: CUP 05-049 Request for a Conditional Use Permit for a Planned Development for a mixed use development that includes reductions to the minimum requirements for lot size, street frontage, house size, setbacks and increased block lengths for Volterra Subdivision by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: Approve Findings of Fact and Conclusions of Law for Approval 16. Ordinance No. 05-1199 : AZ 05-015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC — 955 West Ustick Road: Approve 17. Canvassing the Votes for City General Election: Approve Meridian City Council Meeting Agenda — November 9, 2005 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised November 4, 2005 CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Wednesday, November 9, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountr Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: woe, 13nh�• 3. Community Invocation by Glen ^'sen; �avf Clask, 4. Adoption of the Agenda: ,/„ ►.� �r �. 5. Consent Agenda: A. Approve Minutes of October 25, 2005 City Pre -Council Meeting: B. Approve Real Estate Purchase and Sale Agreement and Deed for Thousand Springs Surplus Property: 4�017yvw_ C. Agreement for Professional Services Water Division Building Project with Materials Testing & Inspection, Inc.: y,Vl-(-- D. Idaho Power Easement Agreement for the New K-9 Building: "VL.1- E. Approve the Water Main Easement for Pioneer Building #2: 6. Department Reports: A. Police Department — Bill Musser 1. Re- rganization Items for Police Department: a v' -et-- 7. Items Moved from Consent Agenda: 2 . � I�+��I'�'Pio'i-�/d/1-�/ /dl�h+ i�'w"+✓f a "' J r/3/]v� Meridian City Council Meeting Agenda — November 9, 2005 Page 1 of 3 �J All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. { Revised November 4, 2005 8. FP 05-065 Request for Final Plat approval of 74 building lots and 5 common lots on 19.72 acres in a R-8 zone for Sicily Subdivision by Landmark Engineering and Planning — south of East Victory Road and west of South Locust Grove Road: &fro V,.-- 9. Continued Public Hearing from November 1, 2005: PP 05-044 Request for Preliminary Plat approval of 60 single-family residential building lots and 4 common area lots on 23.9 acres in a R-4 zone for Britia_etower Crossing Subdivision No. 14 by Primeland Development, LLP — north of West Ustick Road and west of North Linder Road: e,-VjT,ro ve 4 ae A-^ 10. Public Hearing for Transfer of City Parking Lot to the Meridian Development Corporation: CIo-L fJ /L 11. Ordinance No. . Transferring City Parking Lot to the Meridian Development Corporation: 12. Public Hearing: AZ 05-040 Request for Annexation and Zoning of 312.67 acres from RUT to C -G, L -O and R-4 zones for Volterra Subdivision by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: 13. Public Hearing: PP 05-039 Request for Preliminary Plat approval of 613 building lots (540 detached single-family residential, 9 commercial, 11 office) and 53 common area lots on 232.32 acres in proposed R-4, C -G and L -O zones for Volterra Subdivision by Primeland Development, LLP -- southwest and northwest corners of North Ten Mile Road and McMillan Road: 14. Public Hearing: PP 05-040 Request for Preliminary Plat approval of 205 building lots (134 detached single-family residential, 54 attached single- family residential (patio homes), 13 commercial, 4 office) and 22 common area lots on 80.36 acres in proposed C -G, L -O and R-4 zones for Volterra Subdivision South by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: 15. Public Hearing: CUP 05-041 Request for a Conditional Use Permit for a Planned Development for a mixed use development that includes reductions to the minimum requirements for lot size, street frontage, house size, setbacks and increased block lengths for Volterra Subdivision by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: Meridian City Council Meeting Agenda — November 9, 2005 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised November 4, 2005 16. Ordinance No. 62S' %/'�? i? AZ 05-095 Request for an Annexation and Zoning of 59.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC — 955 West Ustick Road: -ma+ 17. Canvassing the Votes for City General Election:rv�cr Meridian City Council Meeting Agenda — November 9, 2005 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. December 2, 2005 MERIDIAN CITY COUNCIL MEETING December b, 2005 APPLICANT ITEM NO. 5-A REQUEST Approve minutes from November 9, 2005 City Council Regular Meeting: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: COMMENTS Refer to Meeting Minutes Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Meeting November 9, 2005 Meridian City Council M..ee........_ ,., The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Wednesday, November 9, 2005, by Mayor Tammy de Weerd. Members Present: Mayor, Tammy de Weerd, Shaun Wardle, Keith Bird, and Charlie Rountree. Members Absent: Christine Donnell. Others Present: Ted Baird, WIII Berg, Anna Canning, Len Grady, Bill Musser, Craig Hood, Bill Johnson, and Dean Willis. Item 1: Roll -call Attendance: Rall call. X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and call the meeting to order. It is Wednesday, November 9th. Welcome. You are here. I have not arrived. It is a regular meeting for City Council and welcome. We will start tonight's agenda with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: I think I'm still starting my computer. Item No. 2 is the pledge of allegiance and we will be led tonight by our newly elected Council Member Elect Joe Borton. Would you like to lead us in the pledge? (Pledge of allegiance recited.) Item 3: Community Invocation by Bro. Clark: De Weerd: Thank you, Joe. I'd like to congratulate both you and Councilmember Bird for their wonderful election that they ran and we will welcome you in January as our newest Councilmember. So, welcome tonight. And is Brother Olson here? Okay. Well, great. Item No. 3 is our community invocation. And Mr. Clark or Brother Clark will be leading us. If you will all join us in the community invocation or take this as an opportunity for a moment silence. Thank you for being here. Clark: Our Father in Heaven, we humbly bow in prayer this evening, grateful to meet together as a City Council and members of this great city. We pray that thy Spirit will be here, that the thoughts and decisions that are made will be influenced by the Spirit and we are grateful to be part of this great community and this great city, grateful to be part of this wonderful country that we live in and for the freedoms that we enjoy and we pray Meridian City Council November 9, 2005 Page 2 of 57 that we can always be appreciative and do our part to help this community and this country to be strong and righteous and we pray for these things humbly in the name of Jesus Christ, amen. Item 4: Adoption of the Agenda: De Weerd: 1 would like to offer you a City of Meridian pin for joining us tonight and leading us in the invocation. Thank you. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have one addition. Under department reports we have had a request from Planning and Zoning, Mrs. Canning, and we will make that Item B under Department Reports. Item 11 is an ordinance which number will be 05-1194 -- or 99. I'm sorry. And Item 16 is an ordinance which is 05-1120 and with that I move that we accept the -- the computer turn on -- the revised agenda. Rountree: Second. De Weerd: Okay. The motion was to adopt the agenda as revised. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of October 25, 2005 City Pre -Council Meeting: B. Approve Real Estate Purchase and Sale Agreement and Deed for Thousand Springs Surplus Property: C. Agreement for Professional Services Water Division Building Project with Materials Testing & Inspection, Inc.: D. Idaho Power Easement Agreement for the New K-9 Building: E. Approve the Water Main Easement for Pioneer Building #2: De Weerd: Item No. 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council November 9, 2005 Page 3 of 57 Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. is there any discussion? Okay. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Police Department — Bill Musser 1. Re -Organization Items for Police Department: De Weerd: Thank you. Item 6-A, Department Reports. We have Chief Musser to give a report from the police department. Musser: Madam Mayor, Members of the Council, I'm here this evening to discuss a reorganization that we have already started to initiate within the police department in terms of the administrative staff. I have eliminated the captain's position at this point and gone back to four lieutenants. As a result of doing some of the reorganization, I do want to add in a new position at this point and I do have some salary savings from some other personnel actions which have taken place this year, one of which resulted in the approximately 11,000 dollars in salary savings at this point and I'm looking to use a portion of that money, to be approximately 1,800 dollars, to initiate and put in place a staff sergeant position to assist with the management of the patrol division, which is a rather large operational division within the police department now. That would be a rank of sergeant, which would be above the current sergeants that we have, and they would assist with administrative duties, fleet maintenance, equipment inventory, repair, maintenance, ordering, that type of thing, as well as scheduling and, in general, assisting the current patrol lieutenant with running and managing that division. As a result of some of the personnel changes, I also wanted to let the Council know that I do need to replace one sergeant's position as well, which would be another promotion, which will probably result in a corporal's promotion, then, because we look to the corporals to promote for our sergeants and, then, I was also looking to do a temporary assignment for a one year period of a corporal to code enforcement as a temporary supervisor during that time period. I'm also looking for approval on a bonus for that position for roughly three percent of the salary, which would be 1,610 dollars for that one year period in a temporary assignment as the supervisor for code enforcement. Overall, with what I have looked at and I have turned in a draft wage proposal to you, the overall wage adjustments that I'm looking at would account for 6,610 dollars at this time. Those are strictly off the wages. However, with the salary savings that we had 1` Meridian City Council November 9, 2005 Page 4 of 57 that I mentioned before on 11,000, there were the ancillary costs included with that, which were the FICA, workmen's comp, PERSI and the related costs, and I have checked with accounting on it, they did verify my figures, and I have also run it through the HR director, who believes it can be done on the condition that this is a one -time -for - this -year only approach and I would have to bring you back an enhancement for the FY07 budget, so that we could establish this as a base. I'd stand for any questions if you have any at this time. De Weerd: Council, do you have any questions for Chief Musser? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just for clarification, these numbers are not based on an annual basis, this is for the remainder of the fiscal year? Musser: Councilman Rountree, Members of the Council, at this time I have run these out as an annual figure, as opposed to a -- from this date forward figure. I'd rather have it be a little larger than smaller, so it was run from October through September in terms of where we are at. There will be an amount to salary savings even included in the numbers that we have here. Rountree: Okay. Thank you. De Weerd: Okay. Any further questions? Bird: I have none. De Weerd: Okay, Wardle: Madam Mayor, just a procedural question. Do we need a motion to amend the budget and accept these recommendations? Mr. Baird? Baird: Madam Mayor, Members of the Council, that would make sense to make the record, if that's your desire. Wardle: Thank you. Madam Mayor, with that I will move that we accept the recommendations from the Chief Of Police for the reorganization of the police department, to include staff changes, as well as wage and position changes for fiscal year 2006. Rountree: Second. Meridian City Council November 9, 2005 Page 5 of 57 De Weerd: Okay. The motion is to approve the request from Chief Musser on the reorganization of the police department. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT, B. Planning & Zoning — Anna Canning. De Weerd: Okay. Item 6-B, as amended, Anna Canning. Canning: Thank you, Madam Mayor, Members of the Council. I have two issues to discuss with you tonight. The first one is kind of sad news. Brad Hawkins -Clark has accepted a position with Gem County in the City of Emmett to be their Planning Director. So, I'm losing my Assistant Planning Director. That's great for him, but I will miss him dearly, and in that light I will -- my plans are to promote Craig to the Assistant Planner Position. I'm not sure all of you have met Craig Hood. I know you all know his staff reports, so I wanted him to come and sit in on the Council hearing tonight, just to see how it runs. Plus, the only item on the agenda is his staff report, so that backs me up tonight, too. The second item is a little more substance and I have provided a memorandum to you. We have briefly discussed the fact that the Planning and Zoning Commission has recommended four Comprehensive Plan Amendments up to you. Given Brad's imminent departure and his roll in one of those, I felt it was very important to talk to you all about scheduling those hearings. So, I'm going to go through them. They are kind of in order of easiest to most difficult to schedule, so I'm going to go through them briefly. The downtown design guidelines -- basically these are ready to go whenever Council wants to hear them. They could be done quickly. You have been apprised of what's in those design guidelines along the way and there was no public testimony at the Planning and Zoning Commission on that item. So, those could be scheduled rather quickly. The earliest from the clerk's office, if they knew tomorrow morning, the earliest they could get it on is December 6. So, do you want me to -- do you want to decide on each of these as we go through or just decide at the end? De Weerd: Council, what would be your preference? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Anna, why don't you go through all of the projects and, then, we will just quickly at the end -- Canning: Okay. And I do apologize for the late notice, it's just that I found out yesterday, so I was in a -- the north Meridian area plan, you all expressed a desire and staff concurs that a workshop on this one would be very appropriate. It's a large area. It's complicated. I would hope that you could conduct a workshop before the end of Meridian City Council November 9, 2005 Page 6 of 57 November, because that's when Brad leaves the city's employment. I checked on the availability of this facility and it is only available on Fridays through the end of November. The one exception is the 5th Tuesday, which is the 29th. Planning and Zoning Commission had tentatively planned on having some training here. We can reschedule that. Really, this workshop is more important than that training and we can fit that in or go to them as needed, so that would be -- De Weerd: Well, Anna, the 29th Councilman Bird and I will be in Omaha Canning: Okay. De Weerd: So, that would not work Canning: I checked with the police department, but I was not able to hear back from them on their room and availability. We could use the planning department room. The only issue there is that it's not easily accessed by the public. They do have to walk through the doors and get up the stairs. But that room is certainly available for the Council whenever they want to use it and I can get -- De Weerd: I guess, Anna, because of the interest we would probably want to hold that here, if Council can do a Friday, if the Fridays are the only dates in November available. So, we can coordinate and -- through the clerk's office. Rountree: You're looking at the 18th and the 25th? De Weerd: The 25th is the day after Thanksgiving. Rountree: Yeah. De Weerd: I don't think you would have staff here. Canning: Yeah. It looks like Friday, the 18th, would be probably the best bet, given that the other one is the holiday after Thanksgiving. Bird: Are we going to do it during the day? Canning: We can. Bird: Or during the night? Canning: Whatever Council desires. Bird: The Warriors are going to be in the championship football game that night. I'm not going to be here. Rountree: Good point. Meridian City Council November 9, 2005 Page 7 of 57 Canning: Do you want me to check on the availability during the day? Rountree: That would be good. Canning: Okay. Rountree: Preferably the afternoon. De Weerd: The afternoon of the -- Rountree: 18th. In my case. I don't know about the rest of you. De Weerd: Mr. Wardle. Wardle: Well, eight days out my schedule is booked and I can't move anything on Friday, so -- Rountree: Going on a trip. Wardle: No trip, actually. I'm not available at anytime on Friday, other than our regularly scheduled 9:30 agenda meeting in the morning. If you guys want to go early. De Weerd: We are not the one opposed to early, Mr. Wardle. Bird: I have no problem with going early. Canning: Another option might be a pre -Council on the -- next week. Do it before your regular hearing. Bird: On the 22nd? De Weerd: No. On the 15th. Bird: 15th? Yeah. Let's start her at -- Canning: Or the 22nd. Bird: -- 5:00 o'clock. Canning: 5:00 o'clock the 15th? Bird: Have we got AspireOn coming? Rountree: That's fine with me. Meridian City Council November 9, 2005 Page 8 of 57 Bird: That's fine with me. Berg: 5:00 o'clock the 15th. Canning: Thank you. Bird: And you will buy lunch? Canning: Sure. Bird: From Goodwood? Canning: Okay. I will do that. The next two amendments come forward to you from the Planning and Zoning Commission with a different recommendation than you're used to seeing. They recommended approval of the Comprehensive Plan amendment, but only as it accompanies a specific development application and annexation and zoning request. So, in consulting with the legal staff, we felt that the appropriate thing -- or an appropriate thing to do, if you want to honor that recommendation, would be that you would take action tonight to defer scheduling the item for a Public Hearing and you would again review this matter no later than February 7th, 2006. So, you would review the matter for the sole purpose of establishing a hearing date and we just wanted to make sure that we weren't setting it off indefinitely -- if they never came in with an application, the Council still needs to take action at some point. So, the February 7th date give them three months to get their applications in and we should know once they are in the process approximately when they would come up to you. Now, the applicant for the Conger Comp Plan amendment is not in favor of this process and I told them I would make this clear to you. They do not want to submit the accompanying applications -- they don't want to go to that expense if the Council is just going to deny the Comprehensive Plan amendment anyway. But, again, this is not as -- that would not be in keeping with what the Planning and Zoning Commission recommended. De Weerd: Council, any comments on that item? Canning: The second -- the other option before Council is that they would reject the recommendation of the Planning and Zoning Commission and just schedule the matter for a hearing. De Weerd: Okay. Any discussion, feedback for staff? Rountree: Madam Mayor, question -- De Weerd: Yes. Rountree: -- for Anna. Why would we have to reject the recommendation of P&Z in order to schedule a hearing? Meridian City Council November 9, 2005 Page 9 of 57 Canning: To -- they stated that they didn't want the Council to consider it as -- unless it was with the accompanying applications and I actually -- Rountree: Okay. Canning: -- attached some information for you regarding the discussion prior to the motion and, then, the motion and, then, on this one it was a reference made into the motion to staffs recommendation. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Question of legal staff. Is that -- if we were to do that, would that be in keeping with -- with our ordinance or how we have done things in the past? Can we accept that recommendation from -- Baird: Madam Mayor, Members of the Council, Councilmember Wardle, this appears to be a unique situation and the options that were outlined before you -- I guess to answer also the question about why does scheduling it reject the recommendation. In fact, the act of scheduling it without delaying it to allow the applications, would, in effect, be rejecting that just by your saying you're going to go forward without that recommendation, so -- Wardle: Okay. Canning: And perhaps it would help Council if I explained why Planning and Zoning Commission did it this way. They are limited in how often they can recommend these forward to you, so they couldn't just sit on them until they got the applications; they had to make a recommendation. De Weerd: Well, I guess if they denied it, it would not be considered for another six months. Canning: Yes, ma'am. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just to run down here real quickly -- and, Anna, were you finished with those items? Canning. The last one is a little easier. It's that same recommendation, but the applicant is in agreement with it, that that isn't a problem, they do intend on providing annexation, zoning, and a preliminary plat application. Meridian City Council November 9, 2005 Page 10 of 57 Wardle: Okay. Thank you. My recommendation for downtown design guidelines amendment would be to find time when some of the MDC board or those that have been involved in that process would be available in the month of December and the Clerk and I can work on scheduling that, if that's -- that was not the project that you want Brad to be able to present on; is that correct? Canning: Correct. Wardle: Okay. If that's okay with Council. Rountree: That's fine. Bird: That's fine with me. Wardle: The next one -- I think we settled north Meridian area plan will be next Tuesday at 5:00 o'clock. Okay. And my preference on both Comp Plan amendments would be to hear them with the applications of the projects. De Weerd: So, your recommendation is to defer the scheduling of this item until February 7th? Wardle: That would be my preference. De Weerd: Okay. Other Council? Any comments? Bird: That's fine with me. Rountree: Is that a motion? Wardle: That's a motion. Would you like to second? Rountree: I'll second it. Wardle: Okay. Canning: Madam Mayor, if the maker of the motion just -- as long as we are clear, it was no later than February 7th, just -- okay. Wardle: Reviewed no later than February 7th per staff and Planning and Zoning Commission recommendation. Canning: Thank you, sir. De Weerd: Second agrees? Meridian City Council November 9, 2005 Page 11 of 57 Rountree: I agree. De Weerd: Okay. Do we need roll call, Mr. Baird? Baird: Madam Mayor, Members of the Council, no. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Anna, did you have anything else? Canning: No, ma'am. Thank you. De Weerd: Okay. I just wanted to make note in our clerk's department we had a major milestone. Our city clerk turned 50. Just wanted to congratulate you. Berg: Can I retire now? De Weerd: No, that doesn't mean anything as far as retirement. Just a great personal milestone. Rountree: That certainly was a sweet picture. Bird: Yeah. He got a nice haircut. Item 7: Items Moved from Consent Agenda: Item 8: FP 05-065 Request for Final Plat approval of 74 building lots and 5 common lots on 19.72 acres in a R-8 zone for Sicily Subdivision by Landmark Engineering and Planning — south of East Victory Road and west of South Locust Grove Road: De Weerd: We'd sing happy birthday, but we will not submit torture to our citizens. Okay. Item No. 8 is FP 05-065. 1 will start with staff comments. Canning: Madam Mayor, we have a -- my understanding is that the applicant is in agreement with the conditions of approval for this final plat. De Weerd: Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council November 9, 2005 Page 12 of 57 Wardle: Hearing that the applicant in agreement, I move that we approve Item 8, FP 05-065. Bird: Second. De Weerd: Okay. A motion to approve Item No. 8. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Continued Public Hearing from November 1, 2005: PP 05-044 Request for Preliminary Plat approval of 60 single-family residential building lots and 4 common area lots on 23.9 acres in a R-4 zone for Bridgetower Crossing, Subdivision No. 14 by Primeland Development, LLP — north of West Ustick Road and west of North Linder Road: De Weerd: Okay. Item No. 9 is a continued Public Hearing from November 1st on PP 05-044. 1 will start the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this Public Hearing was left open for the sole purpose of hearing from the applicant as to whether they are in agreement with the conditions of approval and my understanding is they are. De Weerd: Okay. Canning: And she is nodding her head. De Weerd: Just wanted you to state that for the record. Okay. Council, the applicant is in agreement with staff recommendations. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: 1 move we approve PP 05-044 -- De Weerd: Mr. Bird, do you want to first close the Public Hearing? Bird: Oh, yeah, that's right. I'm sorry. I move we close the Public Hearing on PP 05- 044. Rountree: Second. De Weerd: Okay. Motion to close the Public Hearing on Item No. 9. All those in favor say aye. All ayes. Motion carries. Meridian City Council November 9, 2005 Page 13 of 57 MOTION CARRIED: THREE AYES. ONE ABSENT De Weerd: Okay. Now, Mr. Bird Bird: Madam Mayor, I move that we approve PP 05-044, Bridgetower Crossing Subdivision No. 14 by Primeland Development. Rountree: Second. De Weerd: Okay. The motion is to approve Item No. 9. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. That did include the Findings I'm sure. Bird: Oh, yes. Item 10: Public Hearing for Transfer of City Parking Lot to the Meridian Development Corporation: Item 11: Ordinance No. 05-1194 Transferring City Parking Lot to the Meridian Development Corporation: De Weerd: Okay. Item 10 is a Public Hearing for transfer of the city parking lot to the Meridian Development Corporation. I will open this Public Hearing with some discussion of -- Mr. Baird, I guess I would ask that you discuss, perhaps, the next item as well, Ordinance No. 05-1194 and something that you and I talked about, an added -- if you can kind of discuss that with Council in this part of our agenda. Baird: Madam Mayor, Members of the Council, it might be helpful if I started out just by outlining the process and where we are in that process. Back in July this Council passed a resolution declaring your intent to consider the possibility of transferring the city's parking lot located on Broadway Avenue, transferring it to another tax supported governmental entity, that being the Meridian Development Corporation. State law does allow you to transfer real property that's in public ownership to other agencies without compensation if you find that it's in the city's best interest to do so. So, as you go through your hearing tonight, at the end you will be considering the ordinance that's been noticed as Item No. 11 and there are draft Findings on there that indicate that you have found it to be in the best interest and that you have found that it's underutilized. So, if at the end of the hearing you feel otherwise, I would advise you to direct staff to prepare a revised ordinance for consideration at a later date. And just by way of process, there are two other ways that you can dispose of real property. You can either Meridian City Council November 9, 2005 Page 14 of 57 trade it for other real property or declare it be sold at auction. What is under consideration tonight and what's been noticed for the hearing is transfer to another agency without compensation. I guess I would recommend that hearing proceed with a presentation by the Meridian Development Corporation, since it's their letter that started the process. De Weerd: Okay. Baird: And, then, take comments from the public and, then, have a deliberation and proceed to your decision. The other item that I did want to point out before we go forward, the draft ordinance in Section 3 does contain a provision that the deed would be restricted, that the property remain in public ownership, and remain available for public parking and anytime a conveyance is made to a private party, that ownership would revert back to the City of Meridian. Meridian Development Corporation did not agree with that. They proposed an alternative and I will let Mr. Bowman explain what that alternative is. But the reason that we put in Section 3 is that -- the feeling that we have is that the taxpayers purchased the parking lot and they are going to want to see either that it remain a public ownership or see what they are getting for it, either some return to the General Fund, or another parking lot somewhere in the city. De Weerd: And I guess further clarification on that is when we discussed the letter, we also had discussions to make sure that the parking was not displaced. If it was found to have a different use, that the parking -- we would still replace that parking maybe elsewhere. Baird: Right. Madam Mayor, Members of the Council, with that deed restriction, what it, in effect, does is gives you the opportunity to review any future conveyance if the Meridian Development Corporation finds a partner to develop the property in something other than a parking lot and wants to convey it to a private party, they can come back to us and ask the City Council to remove that deed restrictions. So, it really gives you sort of a review of what happens to this lot in the future. De Weerd: Okay. Thank you, Mr. Baird. Clair, if you will, please, come forward. State your name and address for the record. Bowman: My name is Clair Bowman. I serve as the administrator for the Meridian Development Corporation. My address is 4400 West Legacy Lane, Meridian, 83842, Mr. Baird has done an excellent job of summarizing where we are today. What I can add to that, I believe, is why MDC requested this transfer in the first place. The origin of the Urban Renewal Agency, now called Meridian Development Corporation, began with several of the members of this Council and the Mayor involved in deciding what the priorities were that would trigger us to want to have an urban renewal agency. Two of those stood out preeminently in all the discussions we have had to date. One of those is to resolve parking issues, to handle public parking in the downtown core area, 20, 29 blocks area. A second is to stimulate the redevelopment of those blocks or of the blighted portion of those blocks. MDC is currently undertaking a master plan process, Meridian City Council November 9, 2005 Page 95 of 57 one objective of which is to tell us exactly where we start or where the next step should be on each of those transactions. I believe and I think the MDC board believes that the transfer of title for this ground to MDC is, indeed, the first step to have all of the parking responsibility with one organization, with one organization that has some financing capabilities to turn surface parking into structure parking at times when that is needed or when it can be used to assist in the stimulation of downtown redevelopment. This morning at the MDC board meeting, the board authorized the further development and release of a proposal for the use of that parking lot to stimulate development in the two - block area either -- on either side of Broadway between Main and Meridian Road. The nature of that proposal that I will be putting together, along with legal counsel over the next few days, is to offer that land to a developer who would be willing to use it as a portion of another development to increase the scope and size, functionality of a development that they might already be planning. I spoke with one of the developers currently working on property adjacent to that parking. He's the one that has a building approved on the corner of Main and Broadway at this point. The building that was approved is a 21,000 square foot three story building with one story of residential on the top floor. If, indeed, he had access to -- if he proposed and were the successful person in getting to use this additional parking lot, he would nearly double the size of his building to a 30,000 square foot building and add another floor of residential to it. Those are the kinds of spin-off benefits that can be had by taking what is a very small parcel of ground and leveraging it for supporting other development. I believe that's the end of what I would say as background information. I do have a little bit more to say at some point regarding the Section 3 in your proposed ordinance and an alternative wording for that, if I could, but I believe there are other folks signed up to testify and you may want to take that before you do that. De Weerd: Okay, Baird: Madam Mayor? De Weerd: Yes, Mr. Baird. Baird: I'm not sure that we anticipated rebuttal on this. It's certainly within your discretion to allow that, but I would recommend that we hear the -- what's being considered for an alternative to Section 3, so that the public can, indeed, comment on that. De Weerd: Okay. Bowman: Thank you, Madam Mayor. The proposed Section 3 revision attempts to retain some of the public commitment either to retain that lot as a parking lot or to take any funds generated by the use of it in another development and acquire an equivalent number -- acquire and develop an equivalent number of public parking spots in the immediate downtown area. The language that the MDC board, minus the two City Councilmembers on that board this morning, approved for me to present to you is to reword Section 3 to read, quote: That as a condition of the conveyance the City Council Meridian City Council November 9, 2005 Page 16 of 57 requires the Meridian Development Corporation to adopt a resolution affirming that any and all revenue generated through the use of this parking as a parking lot or as a contributed parcel in a larger development, be reserved for and used solely to acquire and prepare additional public parking in the downtown core of Meridian. Yes, we could live with the language that's in Section 3 right now. That requires another step, as Mr. Baird correctly noted, to come back to the Council to release a deed restriction that you might place on the property. We believe this alternative wording can provide the same surety to the Council that we are not reducing public parking availability while removing one additional step that we might have to go through that would take a little bit longer for a developer. Thank you, Madam Mayor. Be happy to answer questions. De Weerd: Thank you, Clair. Any questions? Bird: I have none. De Weerd: Council? Okay. Thank you. I also have signed up Mark Freeman. If you will, please, state your name and address for the record. Freeman: Thank you, Madam Mayor, Members of the Council. Mark Freeman. My address is 3550 West Birdie Court in Meridian. De Weerd: Thank you. Freeman: Good evening. I'm here tonight to testify both as a -- I guess as a resident of the city, but also as an old town district property owner and business owner. You probably all know that our business is located at 77 East Idaho, right next door to City Hall here. I noticed the little legal advertisement in the paper. I think sometimes lawyers are the only ones that read those. But I was able to decipher and determine that it involved the parking lot that we occasionally park in, so I thought I would come down and just let the Council and Mayor know, on behalf of the business owners in our building and our customers and clients and other neighboring business owners that this lot may be more important to the city than you might realize. When that lot was first put there, there were a lot of different places to park and a lot businesses would allow customers and clients to park, come and go, it was sort of a friendly relationship, but that was based upon the fact that there weren't as many people and there weren't as many cars, so it was really easy for Farmers and Merchants or any -- you know, the city, even, to allow parking in their lots. Because of the growth in the city and the development in the area, that's becoming more and more difficult. Examples of shrinking parking, the development of Farmers and Merchants Bank behind City Hall here is a wonderful -- wonderful thing for the city, but I think if you look at the number of parking spaces it had an impact on local parking. The sale of the Valley Shepherd Church across the street -- and if you look over there tonight -- I'm not sure if there is something going on at the church or just folks here parking there, but that lot's got a lot of cars in it and our building has an arrangement with the church -- a parking arrangement we have had for years that will end with the new development, we assume, because a private developer purchased that. There are a lot of folks that park Meridian City Council November 9, 2005 Page 17 of 57 in that lot that don't have an arrangement with the church, but it's -- those areas that I'm really concerned about as a property owner and citizen and for my customers and clients and other business owners, that a lot in this area is crucial. I wasn't fully aware of the -- I haven't seen the ordinance. I think the amendment is a good one. I think -- well, let me back up. If you look at that lot and you all come to City Hall a lot, you see that there are a lot of times when there aren't many cars there, and there are days when you can look at that lot and say, yeah, it looks like it's underutilized. But there is some other days where you can look at that lot -- and I think what you're seeing is like a window in the future. Today was an example. On Wednesdays the church, Valley Shepherd Church, has something going on there every morning and you probably -- De Weerd: A Bible study. Freeman: Bible study. And you can't park there. Well, you know, out of respect -- they let us use their lot, we stay out of there when they tell us to. On those days this city is full of cars and we use that lot, our customers use it, other businesses in the area use that lot as well. So, if you look at that on a Wednesday, on a day like today -- when I went out around noon to go to the Boys and Girls Club meeting where I saw you there, Madam Mayor, there were probably ten or 12 cars in that lot. If you take the lot away, it's going to make it more difficult for local business. If our customers can't get to it, it makes it tough. I'm self-serving, I understand that, but I'm not here just as a one business owner, there are other business owners in the area -- there is a lot of businesses located close to that location. So, to me, it's crucial -- if the city decides to go forward and transfer the lot, first of all, as Council indicated, you really can't do that unless you determine it's underutilized. You have to make that decision first, because it is a public use now. I think if you -- if you don't come to the conclusion it's underutilized you can't transfer it anywhere. But if you determine it's underutilized and you decide to transfer it to MDC, it's really crucial that the city retain an interest in it to make sure that they have some say in where this next lot is going to be, because we can put lots in a lot of different places and I think the MDC, you know, has an intent to do wonderful things, but if they decide that the replacement lot might better located a couple of blocks away from here, I think you would have a lot more business owners down here complaining about what you're doing today. So, that's right to have some say. I'm not sure -- maybe I just don't know the terms or I don't know enough about MDC, but -- and I'm not sure where the downtown care area was. If the decision to relocate the lot was going to be in one of these three blocks here, the new lot, I don't think we would have a problem with that. But a public lot that's farther away is going to be difficult for the old town merchants. That's pretty much what I've got to say. De Weerd: Thank you. Council, any questions for Mr. Freeman? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council November 9, 2005 Page 18 of 57 Bird: Mr. Freeman, what I am getting from you is on Section 3 you think it should probably stay the way our city attorney has written it up, instead of what was read by the MDC, that the city should have final say on what -- you know, how it is taken care of and there should be a deed restriction, that the parking lot remain ownership of the public entity. Freeman: Madam Mayor, Councilmembers, and Councilmember Bird, that's pretty much in -- again, I haven't read it. I heard that, like the rest of the audience did, but, again, my concern is where that new lot will be located. It's great if they can use those funds and leverage them to do something, that's fantastic. If that replacement parking lot occurs in this area right here, then, that would be super. But if it's outside that area, that's the part that would be a concern for me. Bird: Follow up, Mayor? De Weerd: Uh-huh. Bird: Mr. Freeman, what -- you say a three block area. We have another parking lot that we rent and maintain over on -- by the Masonic Temple, I believe it is, isn't it? The City has -- we have a couple over there. He being down here working down here all the time sees much more than I do, but I have seen very little use of that parking lot across the street, other than on Wednesdays. And, of course, we know that Bible study is going to go away in a couple of -- a year or so, whatever the church moves, because they have sold. I just -- I don't see it being utilized to the capacity that I'd like to see it utilized. Our employees don't even use it. The banks, you know, used it when they was doing the deal, but that was about it. I drive by there all the time and it's -- you know, you're around it a lot more than I am. Freeman: Madam Mayor, Council, Councilman Bird, again, my response to that is I think what you see on a Wednesday you're going to see all the time. And there have been times when that lot's been almost full on Wednesdays and when the church changes hands -- and they are planning now to build. They are going to be out in less than two years if their plan succeeds. Maybe, again, it's the lawyer in me, I look at the negative impact on things and I think with a private developer owning this building, it's not a negative thing, but they are going to want to use their property and it's very likely that those arrangements will come to an end and that won't be available. The minute that that's not available that lot's going to fill up. And the parking lots across -- there was a time when I thought it was too far to -- and I'm sort of the old Meridian guy, I guess. One of them. But I thought it was -- you know, that lot's too far to walk to. And that's nothing. I mean that's a wonderful thing to have that close. But if -- there are parking lots across the street. Being a downtown business owner, who does go across the street occasionally at noon, it's not easy to get across. So, I think it's important that we preserve not only the parking on that side, but on this side as well. So, what I'm -- I don't want to dictate where, I'm just giving you my opinion, but I prefer to see that parking lot be somewhere in this three block area that includes the block the church is Meridian City Council November 9, 2005 Page 19 of 57 on, the block City Hall is on, and the block the creamery is on, I guess. Somewhere in that area. Bird: Thank you. De Weerd: Thank you. Any other questions for Mr. Freeman, Council? Rountree: I have none. De Weerd: Okay Freeman: Thank you. De Weerd: Okay. Thank you. Okay. Is there anyone in the audience who would like to provide testimony on this application? Okay. Council, any further questions for Mr. Bowman of the MDC or of our counsel? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I do have a question -- I want -- I'd like our counsel to clarify Section 3. 1 don't believe he's in agreement with what MDC has come forward -- and I'd like him to explain the reason he's not in agreement with it. And I kind of take it that Mr. Freeman wasn't either. De Weerd: Mr. Bird, if you will -- Clair, do you have that typed out that we could put on the screen? Can you get that to Anna, so Council can see it as well? Baird: Madam Mayor? De Weerd: Yes, Mr. Baird. Baird: While he's doing that, I will try to answer Mr. Bird's question. And I guess it's probably not relevant to you whether I personally agree or disagree with Mr. Bowman's restriction -- or language, I'm just -- all that I'm advising you is it's a significantly different provision than what was drafted in the ordinance and because you will see that in its entirety, I will read the section, Section 3, as it's stated. I think it should be self- explanatory, but if there are any questions after I read it, I will stand for questions. So, in the proposed ordinance, Section 3 provides that as a condition of the conveyance the City Council has determined that the deed shall contain a restriction that the parking lot remain the ownership of a public entity for the purposes of providing a vehicle parking facility open to the public. So, that's -- that's the end of the way it's proposed in the agenda. And I will provide, by way of explanation, that under that restriction the MDC could convey it back to the city, they could convey it to another public agency, but it gives you the comfort that -- I have heard direction and was directed to draft it this way, Meridian City Council November 9, 2005 Page 20 of 57 that you would have control over that -- that use through -- into the future. And here we have the proposed alternative and what it does is provides funds -- well, I don't want to characterize it. I think Mr. Bowman did a pretty good job of it. It just directs where the funds would go if it goes to other uses. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Question for Ted. I heard Mr. Bowman say that it would remove an additional step for a developer. Is that -- would that be a consistent statement? Baird: Madam Mayor, Members of the Council, Councilmember Wardle, that's correct. If you adopt the ordinance as proposed with the deed restriction, a developer who wanted to do something other than a parking lot would have to come back to you and show you what they are going to do and where the parking is going to be and you would have to be satisfied that the public is getting its return for that parking lot and that parking is where you want it. So, it does give you that control, but the developer would have to make that step to come back here and, basically, ask for your approval to remove the deed restriction before that conveyance could be made. Wardle: Thank you. Madam Mayor, then, just a comment from me and certainly I have been an individual who has sat up here and said that one of the core missions, if not the core mission for the MDC, is to provide public parking within the downtown area. And I still think that that's a -- should be their number one goal. However, from the public's standpoint, I think removing that additional step would not necessarily serve them, in the sense that we are charged with making sure that -- that those -- that that conveyance happens and so, personally, I would like to see Section 3 remain as written within our ordinance, so that it can come back, so that the citizens can comment on that additional conveyance. De Weerd: Thank you, Mr. Wardle. Any other comments from Council? Any information needed? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question or comment I need from Mr. Bowman De Weerd: Clair. Rountree: There has been a parking study completed for the City of Meridian and probably for the record, since that's one of the things that we have to decide on, is utilization or underutilization, could you give us a summary for the record -- I know what it said, but at least we will have it on the record for this item. Meridian City Counci[ November 9, 2005 Page 21 of 57 Bowman: Yes. Madam Mayor, Councilman Rountree, the parking study explored the 21 blocks, starting at approximately Bower Street between Meridian Road and 2nd Street and, then, north of the tracks and out to 4th Street and up to approximately Carlton. In that total area they found, at maximum use, only about half of the parking spaces were utilized during maximum use. However, in the southern end of that, which is the area we are talking about for this parking lot, the utilization was as much as 80 percent in the blocks bounded by the railroad tracks, Idaho Street, Meridian, and 2nd Street. Is that sufficient for the answer you wanted? Rountree: Yes. That's -- De Weerd: Thank you, Clair. Anything else? Mr. Baird. Baird: Madam Mayor, I'd just recommend at this point, if you have heard all the testimony, that you close the Public Hearing and deliberate and decide how you want to proceed on that ordinance. De Weerd: Okay. Council? Bird: Is there anymore -public testimony? De Weerd: Is there any further public testimony? Okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move, then, we close the Public Hearing on Item No. 10. Rountree: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 11 is Ordinance No. 05-1194. 1 will ask the clerk to, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1199. An ordinance authorizing the conveyance to the Meridian Development Corporation certain real property located at 55 East Broadway Avenue in the City of Meridian and legally described as Lot 20 and 21 of Block 1 of the Meridian town site, Ada County, state of Idaho, authorizing the Mayor and City Clerk to execute and attest on behalf of the City Meridian City Council November 9, 2005 Page 22 of 57 of Meridian the deed and other documents necessary to complete the transaction, providing for a wavier of the reading of the rules and providing for an effective date. De Weerd: Okay. Thank you. You have heard the ordinance 05-1194 read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Mr. Baird. Baird: Madam Mayor, I would recommend at this time that the Council have its deliberations and make specific Findings, whether you agree with the language in the ordinance that does indicate that it's underutilized and that you specify on how you'd like Section 3 to read in the final version of the ordinance. De Weerd: Okay. Council, discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You know, not being down here all the time, like some of the business people are, 1 have felt that it is not being used to its fullest and I, too, am like Shaun, Councilman Wardle, I am for leaving Section 3 exactly like it is. That way it can always come back to the City Council if it -- and it will be before the public. So, I'm for the ordinance and I believe that it is underutilized, but I think Section 3 has to stay like it is. De Weerd: Okay. Thank you, Mr. Bird. Mr. Rountree Rountree: Madam Mayor, I don't disagree with the intent of Section 3, but I don't think it makes it particularly palatable to anybody who might be interested in providing public parking in downtown Meridian, on the condition that they might be able to utilize that lot. So, I think if we added to Section 3 that possibility, at least there would be a mechanism in place that that could be considered. The way it reads now I would probably walk away from even talking about consideration of something like that. So, I don't have the words, but it seems to me that another sentence could be added to Section 3 that would indicate that that was a possibility or something that could be considered. De Weerd: Okay. And you don't have a suggestion? Rountree: 1 don't have wording. Baird: Madam Mayor, Members of the Council -- De Weerd: Mr. Baird. Baird: -- I guess the way it was drafted it sort of just implies that and 1 think 1 understand what Councilmember Rountree is getting at and perhaps adding a sentence that would state that any future use beyond these restrictions -- any -- it's really difficult to try to draft in the middle of a meeting, but I will try to put something forth here. Any Meridian City Council November 9, 2005 Page 23 of 57 other proposed use or conveyance beyond these restrictions should be reviewed by the City Council of the City of Meridian for determination of whether the deed restriction should be lifted. Is that the type of language that you're looking for? Rountree: Yeah. Yeah. Baird: If that is what your motion would be, I would actually direct that you direct us to bring this back next ween, rather than try to capture what I just said verbally. I think we'd probably want to look at it from all angles and make sure we are not twisting it too much. But I think I understand the intent of the comment. Wardle: Madam Mayor? De Weerd: Mr. Wardle Wardle: Certainly 1 agree, I think that the language -- in my opinion, the step to come back to the city would be for us to consider which additional parking options would be in the best interest of the city and so if we can craft some language that would make it appealing to whoever may want to go that route, then, I would certainly be in favor of that. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird. I believe that's the consensus of the Council and I would -- so I would move that we continue Ordinance 05-1199 until November 15, 2005. Rountree: Second. De Weerd: Okay. The motion is to continue Item 11 to November 15th, 2005. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Public Hearing: AZ 05-040 Request for Annexation and Zoning of 312.67 acres from RUT to C -G, L -O and R-4 zones for Volterra Subdivision by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: Item 13: Public Hearing: PP 05-039 Request for Preliminary Plat approval of 613 building lots (540 detached single-family residential, 9 commercial, 11 office) and 53 common area lots on 232.32 acres in proposed R-4, C -G and L -O zones for Volterra Subdivision by Primeland Development, LLP r Meridian City Council November 9, 2005 Page 24 of 57 — southwest and northwest corners of North Ten Mile Road and McMillan Road: Item 14: Public Hearing: PP 05-040 Request for Preliminary Plat approval of 205 building lots (134 detached single-family residential, 54 attached single- family residential (patio homes), 13 commercial, 4 office) and 22 common area lots on 80.3E acres in proposed C -G, L -O and R-4 zones for Volterra Subdivision South by Primeland Development, LLP -- southwest and northwest corners of North Ten Mile Road and McMillan Road: Item 15: Public Hearing: CUP 05-041 Request for a Conditional Use Permit for a Planned Development for a mixed use development that includes reductions to the minimum requirements for lot size, street frontage, house size, setbacks and increased block lengths for Volterra Subdivision by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: De Weerd: Thank you. Item 12 is Public Hearing AZ 05-040, l will open this Public Hearing, along with PP 05-039, and PP 05-040 and CUP 05-041. And we will open these public hearings, Items 12 through 15, with staff comments. Canning: Thank you, Madam Mayor. Madam Mayor, this is the Volterra project and it is located on most of the southern half of the section that's bounded by Black Cat, Ten Mile, and McMillan. And as you can see here that's that area. And it's also the 80 acres on the south side of McMillan at the southwest corner of Ten Mile and McMillan. We do have two preliminary plat applications. We did ask the applicant to submit separate preliminary plat applications for that portion that was south of McMillan and north of McMillan. That's why you have two of them before you tonight. We also have the annexation, zoning, and Conditional Use Permit for a planned development. As you can see, it's largely farm ground at this time. This is the site plan or a concept plan for the entire property and I will try and hit some of the highlights. The applicant is requesting annexation and zoning of a total of 312.67 acres. As part of that they are asking for a C -G zone in the -- the west side of the intersection of McMillan and Ten Mile. They are also asking for some L -O zoning that wraps around that C -G zoning on the north property and, then, a small portion on the south property as well. And, then, they are asking for R-4 on the remainder of the property. A portion of that is attached single-family lots and those attached single family lots are here on the south side adjoining the commercial property. There are in the north -- in the Volterra Subdivision, which is the north subdivision, it includes 540 detached single-family lots, nine commercial lots, and 11 office lots and that's on 232 acres. And, then, Volterra South is 134 detached single-family lots, 54 attached single-family lots with zero lot lines, and 13 commercial lots and four office lots on 80 acres. The applicant has also submitted a Conditional Use Permit for the planned development. That PD includes request for reductions to the minimum lot size, the minimum street frontage, the minimum house size, the side setback, and the maximum block length for the R-4 zone. The planned development also requests a use exception. They are asking for 17 percent of the site Meridian City Council November 9, 2005 Page 25 of 57 to be zoned for office and commercial uses. That normally would not be permitted in the area. The amenities for the development include tot lot areas, pathways, swimming pool, clubhouse, and usable open space. The gross residential density is 3.56 dwelling units per acre and the total square footage for commercial -- there is 84,000 square feet of office space, 300,000 square feet of commercial, and 1,500 square foot for a clubhouse for the residential portions. Also as part of this application staff has recommended -- and I believe the applicant is in agreement to some conditions for a development agreement. The first one to discuss is regarding phasing. In general, they are kind of starting in this area toward the intersection of the two arterial streets and moving away from that, moving west -- to the north and west and, then, moving just west on the southern one. Staff understands that that phasing plan needs to reflect market demand, but we are suggesting that prior to City Council's approval of the 350th residential lot -- and this is both north and south -- that the 10.2 acre park, .James Park, that it be constructed and including the proposed swimming pool, the restrooms, the water feature, and the tot lot for that park area. And, then, prior to the 550th residential lot that the proposed three -acre park south of McMillan be constructed, including the proposed plaza and playground equipment. The other development agreement condition that staff is recommending is with regard to the nonresidential portions of the property. We are recommending that each of those obtain conditional use approval, given that we haven't seen details on the type of construction, and we are also recommending that those be limited in bulk to -- to avoid having a big box retailer going in that area, that they be more similar in bulk to the surrounding residential properties. That would be determined by the Commission at those conditional use permit hearings. Do have some elevations of the residential properties. And, then, we have a new technology tonight. I can -- if this -- Council has questions on a portion of this property, I do have all the preliminary plats also and we can zoom in on features or zoom out as desired. So, we have that capability. I haven't shown the scanned ones up here, but can refer to the PDF files for you. Now move onto the Planning and Zoning recommendation. The Planning and Zoning Commission heard the item on October 6th. They did -- they have recommended approval to the City Council. At that hearing Becky McKay spoke in favor of the application. Paul Poorman and Gale Poorman spoke in opposition. And Jerry Stephensen commented. The key issues of discussion were fencing adjacent to open spaces, streets, micro -paths, and canals, phasing of the project, design of the subdivision, traffic and upcoming roadway projects in the area, fire department's requirement and the parks -- public versus private parks and sewer availability and the Commission did make a number of changes to staffs initial recommendation in regard to those issues. Staff is now -- I'll go through some of the outstanding issues that we see before Council, although there are, obviously, more people here to testify on this tonight than were able to make it to the Planning and Zoning Commission. So, there, apparently, are other outstanding issues that staff is not aware of. But let me go through the ones that we do know about. The staff report did note that we were waiting for some calculations on open space. We are asking that you modify condition 1.33 to -- so that we can get an accurate depiction of how much open the space is that the applicant is proposing and it's 10.5 acres for Volterra South and 13.9 for Volterra. Regarding the sewer availability for this project, as was true of Bainbridge, which is just north of this property, most of this area is currently not f Meridian City Council November 9, 2005 Page 26 of 57 serviceable by City of Meridian sanitary sewer system. Sewer service will be via the future North Black Cat lift station. At this point the facility is being designed. However, no funding has been approved for that construction and approval of this development would be subject to the North Black Cat sewer system being available and improvement to the wastewater treatment plant being completed. The next issue -- outstanding issue is with regard to a school site. This was raised as part of the staff report. There is a school site shown on the Comprehensive Plan in this section. This, as was evident, is taking up most of this property. The Bainbridge Subdivision encompasses to the half line section and, then, Kego Springs is -- has been submitted to you and will be heard later and it kind of completes the rest of this section, except for a couple small properties and, then, these five -acre lots down here. So, there is a question about the future school site and the appropriate location of that. However, Wendell Bigham has not commented that he needs a school site on this specific application. Fencing. The applicant has not shown fencing. There was discussion -- we do not have a fencing plan as part of the landscape plan. There was discussion about the new code requirements for that fencing. The new UDC would require a six-foot open fence adjoining these open space areas, particularly these parks, and, then, some of these other smaller open space areas. The applicant would prefer to do a four -foot solid with a two -foot lattice and to match what's on the east side of Ten Mile. However, we changed the code in the UDC, because we were concerned about getting more eyes on those larger open spaces and making them more visible to the surrounding properties. The last outstanding issue -- there is an existing stub street coming in from the south side of this property in Drawbridge Subdivision and we are recommending that this applicant go ahead and connect that existing stub street to Drawbridge Subdivision. do need to note and in all fairness I have to tell you that Becky -- Mrs. McKay did not learn about this until tonight or earlier today, but there is a land locked property just west of Drawbridge Subdivision that we also do not currently have a stub street to that property and Mrs. McKay has concerns about providing that stub street and IT let her detail those for you. Finally, it was just an error on the revisions that we received, but we are still looking for a micro -path to the Kego Springs property in order to get school children up there, because that's where we understand the new school is supposed to go. But you will hear testimony on that tonight also. Regarding the motion, we did not receive full size copies of the drawings that were -- the revised drawings that were submitted, so we are asking that you keep with the dates that are listed in the staff report. The conditions of approval still work with the preliminary plats for those dates. They have addressed many of those concerns, but -- in this new one, but we ask that you still reference those dates from the staff report. And with that 1 will answer any questions. De Weerd: Council, any questions for staff at this time? Bird: Not at this time. De Weerd: Okay. The applicant -- Meridian City Council November 9, 2005 Page 27 of 57 McKay: Becky McKay. Engineering Solutions, 150 East Aikens, Suite B, in Eagle. We are representing the applicant on this particular project. This is a continuation of the Bridgetower project. As you well know, Bridgetower Crossing is located south of McMillan, east of Ten Mile and, then, it goes all the way down to Ustick. We are currently under construction on phases 10 and 11 and we have approximately 14 phases total that's left in this project. So, we have moved through it very quickly, faster than we anticipated. We also worked with the school district to get the Hunter Elementary constructed in a timely fashion. Obviously, we were very excited that it came on line prior to build out of our project. What you're looking at tonight we call Volterra, because we have to give it a separate name, but we call it Bridgetower West, and it consists of this property out to Black Cat -- oh, thanks, Will. It consists of everything west of Ten Mile. Bainbridge, which the Council approved here probably about four or five months ago, is located on our northern boundary and our project goes from Ten Mile to Black Cat and, then, down to McMillan and, then, we have this 80 acres that we call Volterra South. The staff had us split this into two preliminary plats, because we were separated by McMillan Road, the arterial, and they felt that would make it clear, since it would be a separate final plat. This was submitted under the old ordinance prior to the adoption of the unified code. We are proposing very similar to what we have in Bridgetower Crossing, where we have a commercial area here and here and, then, we have a commercial collector that wraps around that area and provides access. We also have some access off McMillan Road, but all of our access points are 440 or greater distance from the intersection. We wanted to, obviously, continue the same type of concept that we have been so pleased within Bridgetower, which is the continuous collectors. We matched up the collector roadway that we built in Verona. Here is the Meridian community park here. Lochsa Park. We matched up there. We have a continuous collector. No front -on housing. Comes all the way down to McMillan and, then, links into the commercial area and, then, goes all the way out to Black Cat and this is the half -mile here. This particular property here was a 60 -acre parcel. At one time we were looking at that particular property, but, then, we found out that the Meridian School District was also interested in that for a middle school, elementary combo site, so we stepped away from it. Mr. Turnbull did the same thing. And, then, I provided a stub street to that property right directly into the collector roadway, so that at some point in time this could be signalized at the half mile, just as this has the potential for signalization. Your Comprehensive Plan designates this -- we have got 230 acres as medium density residential. That's three to eight dwelling units per acre. We have 80 acres that's designated low density up to three. You will also show a multi -use pathway, so we installed a multi -use pathway here in Verona, along the south boundary of the four and a half acres that we donated to be part of that city park and we are matching up to ten -foot multi -use pathway. It will run all along the north side of the collector and, then, all the way out to Black Cat. So, that would be a full one -mile of multi -use pathway, added to your system and leading directly to that 30 - acre community park. Centrally located we have approximately a little over ten acres here we call James Park on behalf of the James family who has farmed this property for most of the 20th century and into the 21st and we will have a clubhouse, pool, parking lot, a large water feature here. And, then, pathways running through that. The pod concept that we used in Bridgetower, we have continued that, linking it, obviously, with Meridian City Council November 9, 2005 Page 28 of 57 these micro -paths, so that we have pedestrian interconnectivity between pods. As you can see, these micro -paths leading to each pod and, then, dumping down and focusing on this central area here. When we get down here in the south -- southern portion, I have what we call a non -continuous collector, comes down into this three -acre park. We have a plaza with play equipment and, then, micro -paths that lead into that particular area. We also have the large Idaho Power transmission lines that run here parallel with the Settler's main canal, which also runs along McMillan. Therefore, these lots we made very very deep. I think they are like 160 feet plus deep to, obviously, get those offset from those transmission lines. We have attached patio homes that are located here. The White Drain comes through Bridgetower Crossing. It crosses Ten Mile Road. The Settler's Irrigation District has asked that we continue that open, providing them access, and, then, it will dump into the Settler's Canal. And so that kind of creates a separation between the attached and the detached units. We have some office lots here and, then, some office lots that provide separation and buffering between the commercial and the single family residential. As far as our density is concerned -- as far as our density is concerned, this is very low density compared to a lot of the projects that you're currently seeing. The Volterra portion in the north, when we exclude the commercial area from our calculations and the office area, we have 2.76 dwelling units per acre. In the southern portion, excluding the commercial, the office, we are calc'ing at three dwelling units per acre down here. So, we have kept our density extremely low. Our average lot size up in the northern portion is 10,500 square feet, I believe, and our lots range from 7,500 on up to 40,000 square feet in the north portion. The south portion our average lot size is 8,088 square feet in this area and we -- our lots range from 7,000 for the single family detached, up to 15,000, and the patio homes that are located here around 5,000. So, we have provided a diversity in lot sizes, which also will facilitate some diversity in home sizes and styles, which was the same principal we used in our design of the Bridgetower project. We have homes in here -- from patio homes that are 210,000, all the way up to homes that are 600,000 in Bridgetower. The average home prices are in that 300, 350 range. That's kind of what we are seeing. We have been working diligently with the highway district as far as to try to come up with some type of a mechanism for us to make improvements at this intersection, build it out to its full build out potential, the seven lane intersection on Ten Mile and, then, I think it's five lanes on McMillan. The highway district has been open to the idea and we just need to kind of get those negotiations a little further down the road, but, then, we could, potentially, get some impact fee credits down and get this built out and get that signal installed. One thing I would like to mention, because I feel it is very important, is when we -- we were approved for Bridgetower Crossing we promised the Council, we promised Mayor Corrie at the time that we would do everything we could to help facilitate getting these arterials built up and do what we could for the community. We worked with the school district, got Hunter Elementary there. That site was purchased at the lowest amount of any of the school sites out in this north Meridian area and Wendell was very pleased when we sold that out below cost to him and that's one reason that Hunter was built first, because this was their most affordable site. We built a collector to it. We have a parent drop off area that we paid for. We pay for part of this collector, we will pay for part of the improvements in McMillan. The one important thing we did was all of our right of way was donated. Whatever ACHD said they were going Meridian City Council November 9, 2005 Page 29 of 57 to need for their future build, rebuild of these arterials, we added that on our plat, we expanded it at the intersections to accommodate turn lanes, whatever area they think -- thought they would need and all that was done at a donation. And this was the only project of any large size in north Meridian that did that. So, I wanted to go on the record for that, because they should be commended for that. We feel that this is an excellent project. Staff is working right now -- I guess JUB Engineering is designing that North Black Cat trunk. According to Brad Watson, in my conversations here just the other day, they have made substantial progress on the design of that. He believes that the lift station will take the most length of time for design. They don't anticipate any progress on it as far as turning any dirt until probably 2007. Now, what we have been doing is working on our site plan, knowing that that Black Cat was going to be coming down the pike, we spent probably at least a year and a half -- a couple years in our site planning and working with the applicable agencies and we are just, basically, trying to get this so that our approvals are in place and, then, we know that we will patiently be waiting for that trunk to be built and, obviously, the expansion of the plant to take place. But I did qualify and indicate that that North Black Cat trunk cannot come on line until your planned expansion does take place. So, we are fully aware of that. We have 39 acres of open space in this project, which is about 12.51 percent. We have asked for the planned development use exception. We are less than the 20 percent allowed. We are 17 percent. Our mix is about 82.5 percent R-8 -- or R-4. I'm sorry. That would include like the residential and the open space. We have got 11.2 percent of C -G requested and six percent L -O. So, we feel that we have got -- we have got a good mix. We are trying to create a good commercial core with these collector roadways; these loop collectors like you see out there at RC Willeys. We feel that that will provide a good means of access to the commercial area. We are not like some of the commercial projects that you see wanting a whole bunch of curb cuts and, you know, right up to -- very close to the intersection. We have been very cognizant to stay a great distance from the intersections as not to provide any problems in the future. As far as the traffic, this will generate, at total build out, about 9,700 vehicle trips per day. Currently the level of service out in those areas, even this build out, will be B. Out at Black Cat and McMillan and Ten Mile and McMillan a level of service C. We will be building right turn bays into these projects and decels as delineated in our traffic study, which we retained WGI to take care of. We have a really good project. We are excited. We feel that we have done everything right with this particular piece of property and we have done what we can to try to create some transitioning between the larger Black Cat Estates lots and the lots that we have adjoining them. And my largest lots are the ones that wrap right around Black Cat Estates and, like I said, it goes up to 40,000 square feet. We went through staffs conditions. We are very close to being in total agreement with the staff. The Planning and Zoning Commission did an excellent job of reviewing it. Modified some conditions that worked well for the staff and ourselves. One thing I'd like to mention is the issue of fencing. It was the hope of the applicants to be able to, obviously, continue the fencing that they have in Bridgetower Crossing into Bridgetower West. There was a debate at the Commission about the new Uniform Code and the restriction of the four -foot height if anything was considered solid. On non -sight obscuring is, basically, wrought iron or chain link. So, what we want to do is bring some pictures in of what we do have at the Bridgetower, submit these for the Council to kind Meridian City Council November 9, 2005 Page 30 of 57 of look at. This is one. You can see it's by a micro -path. It's called semi private, four - foot vinyl, with a two -foot lattice. This was what we had requested along our micro - paths and along our pedestrian walkways. We wanted to, obviously, show the Council that you can see through this, that's why it is called a semi private. We do have a privacy fence, which is on like the exterior, and that one, as you can see, the slats are right up against each other and, then, the lattice is on top. But along our pedestrian accesses and open spaces we want to utilize this. It was the determination of the Planning and Zoning Commission to stick with the Uniform Code, even though this was submitted prior to it, imposing the non -sight obscuring. Do you have any questions that I could possibly answer? De Weerd: Council, any questions for the applicant? Bird: Not at this time. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I need some comments clarified. You made a number of comments about Bridgetower, what it brought to the community. Am I to assume from those comments that those same kinds of things will be in this development? McKay: As far as -- Rountree: Right of way donation -- McKay: Yes, sir. It is our intent to continue. Yes, sir. Absolutely. Rountree: Okay. Thank you. McKay: Same type of homes, same style, you know, same value of homes, open space, right of way donation -- yes, sir. Rountree: You're getting all my questions, so thank you. De Weerd: Any other questions at this time? Bird: Not at this time, Mayor. De Weerd: Okay. McKay: Thank you. De Weerd: We do have a number of residents that have signed up. When I read your name and indicate for, against, or neutral, if you would like to provide testimony at that Meridian City Council November 9, 2005 Page 39 of 57 time, please, come forward and we will accept your testimony. Otherwise, I will move on to the next name. Gale Poorman. Against. Okay. If you will, please, state your name and address for the record. Poorman: Yes. Good evening, Madam Mayor, Members of the Council. My name is Gale Poorman. I reside at 5230 North Black Cat Road. I am here representing my family, neighbors, and residents of the Black Cat Estates who could not be here tonight, but have given me proxy through their signatures on my petition. I would ask that those present for whom I am speaking tonight stand at this time, please. Thank you. De Weerd: Thank you. Poorman: We are requesting that the Meridian City Council deny the Volterra project for the following reasons: Number one, density. The 2002 Meridian City Comprehensive Plan designates the 72 acres abutting Black Cat Road to be low density residential. That's this area. At that time the low density residential was defined as two or fewer lots per acre. Volterra Subdivision proposes 2.8 lots per acre in this portion and that violates the Comprehensive Plan. One hundred forty-four lots in the medium density zone of Volterra will be smaller than 118th acre. Medium density is defined as a maximum of eight lots per acre. Medium density is over in this direction. The high lot density violates the plan. The plan also states the development priorities should be given to particular areas of the city that are under used. Vacant lots closer to the urban core should be filled in before huge tracts of open prime farmland are subdivided. Number two. Transportation. Section one of the required findings from zoning ordinance states that the proposed change in zoning will not created excessive traffic. The existing road system is already congested and this development, combined with others in this vicinity, will increase accidents, lengthen commutes and worsen noise and pollution. Road improvements should include bicycle lanes and accommodations for mass transit, as well as reduced speed for safety. Quality of life. Section E of the required findings from the zoning ordinance states that the proposed change in zoning will not change the essential character of our area. Our area is currently agricultural land with fewer than 100 people in the entire section. We have clear views to the horizon and to the mountains. Noise is minimal. Volterra's 700 homes, 10,000 vehicle trips per day, and 2,800 people in less than a half a square mile, will drastically diminish our area's rural character. Section F of the required findings states that the proposed change in zoning will not be disturbing to existing neighbors. I'm here to represent existing neighbors who say it will be disturbing to us. Traffic noise will have a negative impact on our dwellings and, consequently, their market value. The required fences are not being put into place and our mountain views will be replaced by rooftops. Our nighttime views of the stars will be blotted out with streetlights and solitude will be replaced with the constant roar of traffic. Adequate schools. The Comprehensive Plan designated a future school to be located north of the proposed subdivision, but Meridian School District has not yet purchased land for a school. The elementary schools in our area are already over capacity. The applicant has no provision for accommodating the thousands of additional students that it would bring in. Appropriate borders. The Comprehensive Plan, Chapter 7, Goal 1, Objective D, Action 8, states that the new Meridian City Council November 9, 2005 Page 32 of 57 subdivisions that abut to existing low density land uses must provide a landscaping buffer or fence along this border. If approved, the applicant must provide this border to keep construction trash, objectionable animals, and trespassers contained. Water rights. Existing acreages have relied upon the good neighbor policy for use of irrigation water and drainage ditches. We request that, if approved, the applicant respect the water right of all users of the Scrivner Canal and at no time cut off water from this lateral. That is this right along here. Sorry I'm so shaky, but I'm nervous. De Weerd: That's all right. Poorman: The applicant has proposed tiling over the drainage ditch that abuts the southern border of this property, which drains water from Black Cat Estates and the land to the south of the proposed Volterra Subdivision. This is unacceptable. The drain water would not flow into it, nor could the ditch be properly maintained. The drain ditch I'm speaking of runs approximately -- here is the Volterra development. It starts in there, runs through Black Cat Estates, and, then, along the northern border of my property here, which is eight acres south of Volterra. Access to this ditch must be kept open for maintenance. Who will pay? Contrary to the planning staff recommendation, many infrastructure improvements will be financed by property tax increases to existing land -owners. The Comprehensive Plan states the developers must pay for upgrades to fire protection, sewer, water, trash service, schools, gas, and roads that their actions cause, yet there is no policy in place to collect impact fees. This Council should place a moratorium on new subdivisions until the 2006 legislature has a chance to review and implement and plan for assessing impact fees, so that existing property owners are not forced to bear the brunt of the development with higher property taxes. I do have some written comments that were submitted from my neighbors to me this evening, if I may give those to the clerk. De Weerd: Yes. Thank you, Poorman: Thank you. De Weerd: Mr. Berg, can you read the names into the record. Berg: Thank you, Madam Mayor, Members of the Council. I have a Petition of Citizens for Smart Growth signed by Roger Williams, Dave Penn, Mike Saren, Melinda Howder -- I'm sorry if I pronounce your name incorrectly. Phillip Howder. Paul Bowman. John and Liddy Bagley. And Jay Bowman. I have a letter from Mike and Janice Saren and Larry Bowman. De Weerd: Thank you so much. Okay. Thank you. Richard or Marie Chris signed up against. Okay. Thank you. Michael Wosnia signed up against. Yes. Thank you. Wosnia: If we could have the original projection that was up when we came in. The large overlay. Meridian City Council November 9, 2005 Page 33 of 57 De Weerd: Sir, if you can pull that microphone closer. Thank you. Wosnia: I'm not used to public speaking. De Weerd: And once you get that up, if you will, please, state your name and address for the record. Wosnia: Okay. My name is Michael Wosnia. The address is 3356 West Grand Rapids Drive. De Weerd: Thank you. Wosnia: And I'm here representing four people on my street and I have a couple of issues. I'm not -- maybe it wasn't clear when I signed the document. I'm not totally against the project, but there are a couple of issues of concern that I want to address. Can I leave a copy with the clerk? De Weerd: Yes. Please. Wosnia: Thank you. Okay. The Drawbridge development is this little tiny development down here at the southern end of the development that we are talking about. This is a new development. There is only about five houses currently built. I think there is only three that are occupied right now and 1 talked to the neighbors that I could find that are living there. There is four of them and I'm here to speak for them. There is two issues and so I don't get all confused, I'm just going to kind of read from what I have prepared here. As homeowners in the Drawbridge development, which borders the southeast portion of the proposed Bridgetower development here at the southwest corner of McMillan Road, Ten Mile Road, we have two concerns over the development plans as currently proposed. One. Irrigation district access. There is an irrigation district that was mentioned by the previous speaker that runs across the lower section and, in fact, part of the project is to relocate the White ditch, which currently cuts across it. It will be relocated here also. There is a 95 -- total of 95 -foot boundary between what will be the property line division and the backyard of back -- my back fence and the fence where the homeowners of the new project will begin and where the offices will begin. So, there is a nice 95 -foot barrier there. The easement for the irrigation district access to the Coleman Lateral concrete ditch is a potential dust and weed source. As I understand it, it's going to be left natural. Natural means no maintenance. So, we are going to have a 95 foot span of dirt, weeds, dirt road, that people are going to pretty much ignore and will be abandoned there and I'm worried about dust, I'm worried about weeds and seeds blowing into our yards and what we would like to see is -- have that area added to the common area of the development and let the developer sow some grass and either pave the road or put some non -dusting material down on the road, so that it won't affect us. In addition to the real physical effect, the un -maintained dirt strip will simply become an unwanted eye sore. The second issue I wish to speak of is the road access from Ten Mile. When I talked to the planning department a couple weeks ago, they had given drawings from the previous meeting, which indicated that the -- Meridian City Council November 9, 2005 Page 34 of 57 there would be no connection between the Drawbridge development and the Volterra West development. Right now there is a cul-de-sac dog leg and a barrier there for possible future connection. Apparently after the last meeting -- and there was no one at that meeting from the Drawbridge development, the planning department has changed their mind and now intends to connect -- require the developer to connect to their development in here. We object to that. This connection is redundant and unnecessary and will only serve as a shortcut from Ten Mile for a few individuals, while increasing traffic on Grand Rapids through the smaller Drawbridge area. There are 11 small children among the four current homes there now and there will undoubtedly be more when the other five Drawbridge properties are sold and built and occupied. The Grand Rapids Drive Drawbridge entrance that would lead to the connector is only 400 feet from the main entrance to Drawbridge, which is going to be right here. This is where they are going to come in. This is only 400 feet from the Drawbridge entrance. So, it's just going to be a shortcut for a few people that want to cut through there. We request that the planning department reconsider the need for this connection and allow the two subdivisions to remain separate for the safety and solitude of the Drawbridge homeowners. Thank you. De Weerd: Thank you. Wosnia: Are there any questions? De Weerd: Any questions from Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. Thank you, sir. Barbara Wosnia signed up against as well. You would need to come up and speak into the microphone. If you will, please, state your name and -- B.Wosnia: This is a first for me. De Weerd: Thank you. And your address? Just for the record B.Wosnia: Oh, that's it. 3356 Grand Rapids. We are just now getting our lot. I pretty much agree with exactly what my husband said. I'm concerned about opening up the area in the back to the Drawbridge or the Volterra area because of the children and since we are only nine houses on that lot in the shape of a light bulb, the kids won't be able to go out there and play -- it could be a potential for accidents, somebody coming around the corner too fast and not seeing a child. And I like the privacy. When we bought the lot we looked for a place that was not in a big subdivision, that there would be limited access to the street and that's it. De Weerd: Thank you very much. Meridian City Council November 9, 2005 Page 35 of 57 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I have a question for you. Wosnia: Yes. Wardle: You mentioned that this is a new -- you just moved in. It's a new subdivision; is that correct? Wosnia: We are just now breaking ground. We bought the property -- the land back in April. Wardle: Okay. And the street -- the current public street that you're building the home on, is there -- does it dead end into this piece of property? Wosnia: Well, yes, for right now it does. It starts out like this and it goes around into a big cul-de-sac, but there is a barrier here. Wardle: Okay. So, there is a barrier that would indicate potential future -- Wosnia: That would open that up into the bigger section behind us. Wardle: Okay. Thank you. De Weerd: Thank you, ma'am. Kathleen Roburn signed up against. Okay. Thank you. Valerie Russell signed up against. Thank you. Shirley Russell. Against. Thank you. Wayne Russell. Against. Thank you. Mike Seran. Against. Okay. Thank you, sir. do we have that -- oh, yeah, we do have that as part of our record. Thank you. Council, if there is any questions for this citizen. Okay. Thank you, sir. Jan Seran. Against. Siren. Sorry. Carrie Call. Against. Call: I'm Carrie Call and I live at 3327 West Grand Rapids. My problem is also with connecting my subdivision into that one. I have three of the small children that Mike talked about and when we were investigating -- we sold our home a year and a half ago and we spent a lot of time and energy investigating different areas, whether to build or to buy and if I wanted an area that was high traffic, I would have actually bought in Bridgetower. But I did not opt for that. We wanted the smaller feel of just our smaller little area and we were led to believe that it would not connect into anything and, sadly, the stack 'em and pack 'em part of their subdivision happened to be directly north of us and so while it's a small area that would probably use our road, it's a high number of people that would. And I just -- a year and a half -- well, the year that we were -- we rented a duplex while deciding where to go, we actually lived in an area that it was a little duplex and the road was crossed off kind of like we are at right now and it opened Meridian City Council November 9, 2005 Page 36 of 57 up into a subdivision and so firsthand I can tell you there is a huge impact when you give people another option to drive. And I just don't want to see that happen on my street. De Weerd: Thank you. Donald Brown signed up against. Thank you Brown: I'm Donald Brown. 4595 West Ramblin Court. De Weerd: Thank you. Brown: And my area of concern is not anything -- what Mrs. Poorman addressed, but I do understand the engineers and what they are trying to do, the concept, and I also appreciate them donating land for Hunter and getting that up and running. But Hunter was capped the minute it opened. That's not going to alleviate this situation, what we have got going on now, because you have Ponderosa, which is currently overcrowded, Sawtooth, which I know you're very familiar with, is currently overcrowded. And we don't have any plans -- or there is no property -- excuse me -- that is being procured to build any additional schools. Not only that, but they alluded to the intersection's immediate impact are being taken care of in a very orderly manner, but if you extended the scope of the impact out to include McMillan Road and Linder, which is a very busy intersection and the only ancillary path to get to Sawtooth currently, if you have ever driven that road in the morning or when the schools are out, it's a mess. The buses are currently overcrowded. It's my understanding that there is several paths where they have had to make several trips to pick kids up and the impact that this subdivision is going to have directly on the kids right now is going to be detrimental, I think. You're going to have situations where costs are going to increase because you're going to have to add additional bus routes, the services are going to -- the costs are going to increase, because of the police and fire that are going to be necessary. And I think that that, as well as the transportation woes that we are going to have along 20-26 also need to be addressed, because that's going to be the main feeder for this subdivision. So, I would recommend that until something can be done as far as taking care of the educational issues -- and I know Mr. Bigham is currently trying to procure some land, but that hasn't been done yet. The bond didn't address any schools in this area, they are for other sites, so another bond would more than likely have to be passed to build these schools and to get the land and, then, the transportation issues. If they even allow for widening the road and they have got the ground there to widen the road, if the feeder roads aren't widened at the same time, you're going to have another Curtis Road issue where you have got a severe bottleneck and that's going to back traffic up even further. So, 1 think with all of those rolled together, a little bit more thought needs to go into the plan -- how this thing is going to impact the whole area, not just the immediate area. Thank you. De Weerd: Thank you, sir. Okay. Those were the names that were signed up. Is there anyone who would like to provide testimony on this application who was not on this list? If you will come forward. Meridian City Council NGVember 9, 2005 Page 37 of 57 Butler: I'm a neutral party, so I don't know if you're at that section now. Perhaps not. De Weerd: No. I didn't have you signed up, so you can come forward. Butler: Thank you. Joanne Butler. 251 East Front Street in Boise. Representing the person that owns the land immediately north of Volterra. This map shows it a little better. This is Volterra here and Bainbridge here. And this area, a little less than 50 acres to the north of Volterra. And they purchased this land back last spring and at the end of last winter the Christensen family was selling this -- our understanding is there was a number of people bidding for this property and including the school district and the school fell away and I understand that the owner of this property, who was left standing, was the client -- our client who now owns this property and the owner of this property and, finally, our clients purchased this property. The reason I'm here as a neutral -- I am not opposed to this project. It looks like it's a very nice project, but I think that there is a concern just in this particular area of town that the Council needs to be aware of. And I guess I'm here mostly because of the conversation that our office had with Wendell Bigham today in which it became very clear to us that the school issue is a very big concern for the school district and possibly needs to be addressed before things go much further. This is where Hunter Elementary is right now and -- which is in a different section than where you see the school district -- the school indicated over here. What we understand the school district may be looking for is a middle school and an elementary school, which, as I understand it, takes up a good chunk of land. If it was in this area it would take up the whole area. Now, we are -- our client has told us they are very interested in working with the school district, but, certainly, at a small -- a smaller site like this. The impact of placing a school on it would detract considerably from any other use on this site and would prefer to work with the other neighbors in the area. Now, it may be that -- and why I'm bringing this up is because our conversation with Mr. Bigham led us to believe that the school was of the opinion that the city had made decisions on Bainbridge and may be on -- and was going to make decisions on Volterra, assuming that a school site would go here. What they -- the comment was that the city had approved stub streets to this area, because it assumed that this was going to be a school site. Now, I think the city knows that what the city did say in Bainbridge and in Volterra in your staff report is that if this becomes a school site, you would like to see a pathway stubbed there. But if it doesn't become a school site, in that case you would like to see streets stubbed to the area. At this point it's, obviously, not owned by the school district and it may be that the city is thinking, as its Comprehensive Plan guidance points out, is that schools are appropriate in these neighborhood center areas and that the school is thinking that's in the undeveloped area of the neighborhood center is likely where the schools will -- the school would be placed. De Weerd: Ms. Butler, if can please summarize. Butler: 1 will. I just think we need to understand that, clearly, the school district is very concerned about this. We are concerned, because the implication by the school district is that possibly they are looking for the city to carry some water as to, you know, putting a school site here. We are more than happy to work with the owners of the property Meridian City Council November 9, 2005 Page 38 of 57 here, but because of that concern of Mr. Bigham's possibly that needs to be addressed and maybe at a time when he could be before the Council to address it a little more. Thank you. De Weerd: Thank you. Council, any questions for Ms. Butler? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I have a question of staff and, then, maybe one of Ms. Butler. Anna, to your knowledge has the school district provided testimony, written or verbal, to us regarding what Ms. Butler has just testified about? Canning: Yes, he has. He's stated to us that it's his anticipation that he will have a -- my understanding is that it's just now an elementary school site in this area and that the combined school they are considering in this area now. So, it would just be an elementary site. Wardle: Thank you. Canning: Nothing written, just verbal Wardle: Verbal. Thank you. De Weerd: Okay. So, Anna, there isn't a school site in Bainbridge? Canning: Madam Mayor, Members of the Council, there was a private school discussed as part of Bainbridge and that may be what you're remembering. There is still an opportunity -- as you may recall, what the Bainbridge Subdivision proposed was a collector road that starts about the quarter mile and, then, loops up to the half mile along Chinden and they did not annex the property on the north side of that collector road. It is shown currently as a neighborhood center and public uses are appropriate. You would be putting an elementary school in between a collector road and a major arterial - - and in this case, actually, a state highway. But there may still be an opportunity there. There is an open -- there was no concept plan and it wasn't annexed in this area. The other properties are -- the only other remaining property is this one here, which is fairly small and similarly constrained by the presence of Chinden and, then, these folks that are here tonight that live in this area. De Weerd: So, Anna, in the school district's written -- and I can flip until I finally find it, but what did their correspondence communicate? Rountree: There is none. Bird: There is none. Meridian City Council November 9, 2005 Page 39 of 57 Canning: There is none for this project. De Weerd: Okay. So, we have heard from Ms. Butler, who -- and I don't see any member from the school district. You have had some verbal discussion? Canning: The school district attorneys are here. I don't know if they are prepared to speak on subject or not. De Weerd: 1 think he was here as a citizen. If you have something to say we will need you to say it on the public record. But first you will have to state your name and address to not say anything. Freeman: Thank you, Madam Mayor, Council. Mark Freeman. Address 3550 West Birdie Court, Meridian. De Weerd: Thank you. Freeman: I happen to be the general counsel for the Meridian School District. I am not here on their behalf. I'm not authorized to speak on their behalf. I came for testimony on the other prior public hearing. So, I have some knowledge of some of these issues, but I'm really -- unfortunately, I just can't share my opinions today -- or this evening. De Weerd: Thank you. Thank you for that non answer. Bird: That's a good attorney. Short and sweet. De Weerd: That's not like an attorney. Okay. Is there any further testimony? Sir? In the back. If you will, please, state your name and address. Steinbach: Yes, ma'am. Max Steinbach. My address is 4924 North Black Cat Road. I would like to speak on behalf of the Beach Lateral Water Users Association. May 1 have the map, please? The one that resembles this subdivision. Canning: That one, sir? Steinbach: The previous one, please. Canning: Previous one? Steinbach: There we go. The Black Cat Estates right here maintains a water lateral, which comes down McMillan Road here, which is on the north side of McMillan Road. It, actually, starts just within a few hundred yards of the Ten Mile intersection. The water comes down west on the south side of McMillan, crosses McMillan about halfway down, and proceeds west, which irrigates all of this subdivision here. So far I have seen no address to what to do with the water. We flood irrigate those five acre parcels. I see Meridian City Council November 9, 2005 Page 40 of 57 no contingency to provide water. I heard the testimony that they were expecting six lanes, possibly, on McMillan, so I am somewhat against this until we figure out exactly what we need to do to represent our subdivision on water, because we actually maintain an easement down that road right on the north side of McMillan Road. So, there is an easement issue there as far as Black Cat Estates goes. And that's all I have, unless you have some questions. De Weerd: No, sir. They are required to protect your water rights, so -- Steinbach: I understand. However, there is no provisions here showing -- and I had met with Settler's numerous times and there was talk about proceeding from McMullen Lateral and bringing it back from the north, but as the ditch rider for our subdivision that is one issue that I'd definitely like to have addressed from the Council before we proceed with this project. De Weerd: Okay. Thank you. Is there any further testimony on this application? Okay. Would the applicant like to come up for your response. McKay: Madam Mayor, Members of the Council, I will try to address most of the questions and concerns that were brought up. As far as the density that we are proposing, as I indicated earlier, we are extremely low. When you consider the projects that you have seen recently, as the prices of land rises rapidly, you're seeing a lot of these densities increase. I have a feeling that this is going to be one of the last large lower density projects that will be coming through here until we see some stabilization in these land prices and that kind of bothers me a little bit. However, I did kind of take a look at it. We have 238 acres of medium density. Medium density could be up to three to eight dwelling units per acre. You guys are seeing some projects that are five dwelling units per acre. So, on that 230 acres you could have 1,150 homes. We have 80 acres of low density residential, which can go up to three. So, say it was three, that would be 240. So, potentially on this property in its entirety there could be 1,390 dwelling units. And I think that's within reason. I mean that's possible. We are requesting 728. That is 52 percent of what the potential density could be. So, you know, we are extremely low. As far as traffic, with the continuous collectors, they are very very expensive, but we have been very pleased with them. Carry large volumes of traffic. They allow interconnectivity through a section without sending traffic on the arterials. By providing a development which has office, commercial type uses, and single family uses, we are trying to create a situation where we have capture of traffic for these types of businesses. We are seeing orthodontists and dentists and day cares and assisted living. Those are the types of users that we are seeing coming into Bridgetower now that there are getting to be more roof tops out in the vicinity. So, we are spending a lot of money to try to make sure that we are doing what we can to accommodate that traffic and not just dumping it directly on the arterials. As far as the question of mass transit, mass transit requires densities I'm told in excess of eight dwelling units per acre. If we go in excess of eight dwelling units per acre, then, obviously, we would be violating the density that is mandated under the Comprehensive Plan and not doing proper transitioning around these five -acre lots. Bike lanes was Meridian City Council November 9, 2405 Page 41 of 57 brought up. We are building over one mile of ten -foot pathways. Those are used for bicycle and for pedestrians. We have a lot of pathways throughout Bridgetower. 1 never go out there that I do not see people riding bikes, pushing baby carriages, walking, jogging -- they get a lot of use and we are maintaining that same consistency. As far as the agricultural character that's out here, I understand their concern and as you can see, though, this is not leapfrog development. This is a continuation of orderly growth. This is just about filled up. This one's filled up here. Lochsa Falls has gone very rapidly, too. So, this is a continuation of that growth. With fencing along the perimeter, she mentioned a concern about construction debris. We are required and mandated to install perimeter fencing. We will be doing that. Irrigation. We also agree with the good neighbor policy. We have multiple irrigation facilities on this and I'd just like to go through them with the Council real quickly. We have the McMullen Lateral. The McMullen Lateral comes through this property and goes up and goes into Bainbridge. I have met with Bainbridge's -- someone from Brighton, their engineer, to try to coordinate the piping of that McMullen Lateral. We piped it in Verona. We have the Beach Lateral that's coming off of the Settler's Canal and, as Mr. Steinbach indicated, it's traversing down here and, then, goes up and serves Black Cat Estates. 1 have met with Nathan Draper. He informed me that Max Steinbach was the gentleman that I needed to coordinate with as far as any relocation and piping of that facility and making sure that they are satisfied with what we are doing and how we are treating that facility. We also have the Scrivner Lateral which comes up through this project and, then, wraps through here. I understand that it does take some drainage. 1 talked to Mr. James who has farmed this forever about these facilities, making sure that we get all the knowledge that we can glean from him and from -- if I get to finish. I'm not finished. Can I finish answering the questions? De Weerd: Uh-huh. McKay: We will be working with all these neighbors to make sure that we have piped all these facilities. We did the same thing in Bridgetower. Impact fees. ACHD and parks, we pay those. Just the north portion is over two million dollars in impact fees. Sewer and water extensions -- the city's not bringing them to our doorstep, we are going to have to come down and get them and extend water, extend the sewer. They are doing it out of the back of the plant, but my understanding is it stops right at Black Cat and, then, from there on out it is our responsibility. As far as a stub street down here to Drawbridge, it was an oversight on my part -- when we did our site -planning Drawbridge didn't exist. So, on our drawings it wasn't there. I didn't realize that between the time we drew it and the time we submitted Drawbridge was recorded. Therefore, it got past me. ACHD dropped the ball, too. They didn't realize it was there. I asked the neighbors when I did my neighborhood meeting do you want to extend it in. They said, no, our preference would be don't extend it. And I said, well, the highway district did not make me extend it. Then, your staff caught that and asked that we extend that into Drawbridge and make that connection. So, I guess it's up to the Council. If we have -- if it was up to us we wouldn't extend it in. I don't see that it really benefits them, nor does it benefit us. Anna indicated there is a five acre parcel here, maybe it would be more appropriate to stub to that five acre parcel in lieu of stubbing to Drawbridge. I'm Meridian City Council November 9, 2005 Page 42 of 57 just throwing that out for discussion. As far as this -- we have an 80 foot buffer here. We will relocate the White Drain. We're, obviously, not going to create a weed patch, a dust issue -- we relocated the White Drain in Bridgetower. We made sure that the association maintains it. We don't want to create any problem. As far as the school district, we did meet with Wendell Bigham with this project prior to submittal. Wendell told us that he wanted to purchase some property for the multi -use site. As I indicated, both Brighton Corporation and Primeland, once they heard the school district was interested in it, they had no further interest in it. We do not bid up against the school district. However, that particular gentlemen that bought it did overbid the school district. Wendell told me he definitely wanted at least an elementary in there. He thought he had another location for a middle school. We have a 40 -acre parcel on the west side of Black Cat. Mr. Varriale offered that up to Wendell if he was in need of a middle school site or wanted a combo site there that would be an option for him. So, we have tried to do, you know, what we can. The Linder intersection at McMillan, ACHD is working on trying to get right of way from some of the adjoining properties. We are also proceeding forward with Bridgetower 11 and 12, which will be donating our side of that intersection that will be that two legs there and trying to facilitate, obviously, the upgrade of that and 1 think Mr. Inselman has been working on that. We have got a good project here. We have been -- we have got a good track record with Bridgetower and we are very proud of what we have created and we believe this will be an asset to the community. We are concerned about the school. We have been doing what we can, paying for things and improvements to help with the school, as with the drop off area, parking area that we created at the south portion of Hunter Elementary, that was our idea, not the school's. That would alleviate traffic on McMillan. So, we have done 1 think everything we can to try to plan this as best we can and I feel -- I feel good about it. Do you have any questions? De Weerd: Council? Mr. Rountree. Rountree: Madam Mayor. Anna mentioned the land locked parcel and I believe it's to the south and west. McKay: Can you put the map back up, Anna? It has a private lane she said back to this five -acre parcel here. This is the Drawbridge stub that the residents do not want extended here. So, I guess one option would be to go back to the highway district and say, you know, maybe this is more appropriate, this connection here to this side. There is so few lots here. That cul-de-sac I think only goes in there about 150 feet. It's not excessively long. I don't know if the staff has locked at that. It's pretty short. I guess that's an option. Our concern is crossing that White Drain. That is under jurisdiction of the Army Corps of Engineers, because it is a year around and it carries drainage water. Therefore, if I put a bunch of road crossings, then, I got to calculate that displaced area. If I hit over a half acre, which it doesn't take very much to wrap up a half acre, it puts me into an individual permit, which is a long and lengthy and expensive process. So, we have been working very diligently with the corps and try to keep under that half acre, leave any of those natural waterways open, and not cross them or pipe them, if it all possible. Meridian City Council November 9, 2005 Page 43 of 57 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, why -- well, Becky isn't standing up there. Why does staff believe that we need a stub street from Drawbridge in? Canning: The general policy of the city and ACHD is to connect stub streets when the adjoining property develops, but it's also in our Comprehensive Plan for an interconnected street system. I won't disagree with Mrs. McKay that maybe it's more appropriate in this instance to, instead, provide that access to the land locked parcel to the west. It would still be nice to maybe have some pedestrian access, so that if children wanted to get to neighboring homes they could go across a foot bridge or something. McKay: Anna, I believe that's a common lot right there, that northwest corner of Drawbridge. Canning: It appears to have a drainage feature in it. It is a common lot. I don't know how they have constructed it, if there is enough room. If a pathway could be constructed -- McKay: Right here? Canning: -- from there, that would facilitate that -- some pedestrian movement. McKay: Right now there is the Coleman Lateral here. We will be piping that all through our -- along the south boundary. And they will not require -- Settler's will not require an access road over that Coleman, only adjacent to the White Drain. Bird: Follow up, Mayor? De Weerd: Yes, Mr. Bird. Bird: I would prefer not to see a stub street there in Drawbridge, because I believe the testimony from the residents in there was very valid and I think all you're going to do is create a little speedway through there at times. So, I'd prefer to see your -- a pathway, if staff would agree to that. And, then, we can look at putting one -- if ACHD and them _- back into that five acres behind there, so that that isn't land locked. Canning: Staff would agree that that seems like a good solution for this area. Wardle: Madam Mayor? Meridian City Council November 9, 2005 Page 44 of 57 De Weerd: And that's certainly if ACHD agrees to that. Mr. Wardle. Wardle: I've got a question for Becky. Becky, I was just reading through some of the neighbors written comments and I see the term starter home. Could you tell me the proposed -- what you feel the market will bear for the values of the homes in this subdivision? McKay: I think that's probably a question that Mr. Varriale could answer, because he's in charge of marketing homes. Right? Do you want to address that? He didn't want to talk. De Weerd: Well, we can see that you offered him anyway, though. If you will, please, state your name and address for the record. Varriale: Frank Varriale. I'm at 3120 West Bell Tower. I'm managing partner of Primeland Development. The question was -- Wardle: The question was what you feel the value of the homes will be, just in general. Purchase price. Varriale: Okay. Of course we are projecting out by the time sewer reaches and we get under construction, we are out a couple of years. But currently, in today's terms, I would expect it would be a continuation of Bridgetower as it stands. And our housing there, in today's pricing, starts in right around 210, 215 for some of the patio homes, on up to approaching 600,000. And the average price -- I'd say the majority of the homes are hitting 290 to 325. Wardle: Two eighty to -- Varriale: Three twenty-five. Do you have questions? Wardle: I just have a follow up and this doesn't necessarily have much to do with my decision on this application, but what would you consider Meridian's starting home price? I guess my opinion of that from a couple years ago is different than maybe reality today, so -- Varriale: Boy, I'll take a guess, okay? When we started this project five years ago I think the -- kind of the upper medium price was about 160 and I think you were seeing homes in the 130 range, was probably a starting price range. And the upper end was maybe two to two fifty, you know, in general terms. And so you can see it's moved up quite a bit and I think currently in Meridian it's pretty darn hard to find anything under 200. There may be some out there 190ish, but it's -- it's really difficult from what I know in the marketplace. What we have seen in land prices and material prices and shortages and demand has just skyrocketed values. Wardle: Thank you. Meridian City Council November 9, 2005 Page 45 of 57 De Weerd: Any other questions for Mr. Varriale? Thank you, Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have another question for Mrs. Bowcutt. There was an indication that there were issues for maintenance on the White Lateral -- McKay: The White Drain? Rountree: The White Drain. Excuse me. McKay: The one we are relocating down here next to Drawbridge? Rountree: Uh-huh. McKay: Yes. That's the White Drain. Settler's is requiring that it be open channel. They won't let us pipe that. We went through that battle with Bridgetower. In Bridgetower we ended up leaving it open. We utilized it as a water amenity. We provided a combo multiuse pathway, along with an access road. It doubled as both. Rountree: And -- McKay: And it was grass. I think it's all grassed on the side. Obviously, we are going -- and the homeowners association maintains it. Settler's would not maintain it. So, we had a very lengthy license agreement prepared by Moffatt Thomas that addressed what we could and could not do and if we did not maintain it satisfactorily I believe they have the right to go in and do any work, maintenance work, and, then, they bill the association. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: So, from your comment I can assume or know that that's going to apply to this development? McKay: Yes. We want it to look good. I mean it's, obviously -- we have got to accommodate it. We did that in Bridgetower and we have made it look as nice as possible. And it's turned out nice with cobblestones and pathways and grass and shrubs and trees. But we are subject to Settler's and what they let us do in that easement. Rountree: Thank you. Meridian city Council November 9, 2005 Page 96 of 57 De Weerd: Any other questions before she sits down? Rountree: We like to see her get up and down. Bird: We like to see her get up and down. She's young. She can do that. De Weerd: Thank you. Okay. Council, do you need further information from staff? We have our ACHD representative here. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't -- I believe that you answered it, but the stub street going to the back five is no problem with ACHD or -- he's nodding his head in agreement. De Weerd: Or shaking it. Bird: Shaking his head. Rountree: What's your head saying? Bird: Oh, staff -- while we are public, I just as soon state this. If staff is in agreement, I'd just as soon see that stub street between Drawbridge and Volterra go away myself. And I think staff is in agreement. Canning: Yes, sir. With a pedestrian connection instead. Bird: Sure. De Weerd: Well, since Council likes Becky to get up and down, I do have a question. Bird: But you're the Mayor. McKay: I'm starting to sweat here. De Weerd: Becky, I guess my question is _- I know that the portion of Ten Mile from Ustick to Chinden is not on the five year work plan for ACHD and by having four corners of commercial and a four way stop, while I think that this developer is the only developer I know who has donated right of way, which thank you, we appreciate that. You're not asking for credits for your impact fees and that's unheard of. But what -- in discussions with ACRD, do they have a say of what this four way stop with the heavy emphasis on commercial? I know you're still two years out before you can even start with the building permits, because we won't have sewer there yet. What is the proposal to move traffic through that intersection? Meridian City Council November 9, 2005 Page 47 of 57 McKay: Madam Mayor, Members of the Council, that's a good question. This is the only situation that I have ever been involved in where one developer did have all four corners. Mr. Varriale paid us to do kind of a schematic design of the full build out of that intersection to the seven lanes on Ten Mile, northbound and southbound, and, then, I think it was five lanes east and westbound on McMillan. We sent that over to ACHD, got input from them, used those drawings to expand our right of way and taper it outward as we reached the intersections on those final plats to make sure that we have accommodated for it. Mr. Varriale has been down to ACHD meeting with Mr. Inselman. I have met with him. We are trying to put it together so that when that commercial corner does start happening, that we have that infrastructure in there, meaning a seven lane intersection, five lane signalization, so that we don't have a substandard rural fourway stop. So, we are very cognizant of the fact that the appeal of that intersection is, obviously, you know, for commercial purposes, it's got to function and just like with Lowe's and Winston, it was in their, you know, benefit to them that they went in, spent this money up front, and rebuilt that Ustick-Eagle intersection there. De Weerd: So, you would consider a public-private partnership -- McKay: That is exactly what we are doing and that's what we have always stated to the Council since the very beginning, that we -- any public-private partnership that we could enter into we would definitely take that seriously. Mr. Varriale also had his landscape architect working on a design for the intersection, so all four of those corners will be landscaped consistently with like pedestrian friendly benches, have little trellises, planting pots, so that it's -- even though it's a huge intersection, like an urban intersection, it will all be the same and have that comfortable feel. Community feel. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While we are on that intersection, Becky, the thing that sells me on that intersection is the front is not going to be the loading area. The intersection isn't going to -- you have got it so that it's being -- it's coming in from the back and we have a back road, so you're actually not crowding up the intersection and I think this is a great idea and I hope it picks up along the area -- around the area doing this, because it does take away the front load -age off the main road and I appreciate that. I think it's nice. McKay: Thank you. De Weerd: One last question. Since you kind of set -- you raised the bar when Bridgetower came in. Certainly with the things that this developer has done in Bridgetower in response to right of way donations, impact fees, working with the schools with Hunter Elementary and, certainly, as I testified to the tax interim committee, they are committed to looking at school impact fees. If something were to pass in the Meridian City Counci November 9, 2005 Page 48 of 57 interim, while the law was being developed and before construction were to start on this, if something were passed would that be something that could be built into this? McKay: So, I think what you're saying is if this were approved prior to implementation of say impact fee for schools, would this project be subject to it. Aren't those impact fees applied at the building permit level, not at the project approval? So, therefore, yes, it would apply. I think. I mean the city attorney may correct me. De Weerd: Okay. McKay: Any permits issued prior to implementation would, obviously, be -- De Weerd: Be excluded. McKay: -- excluded. Yes. De Weerd: Okay. I don't have any other questions. Thank you McKay: Thank you. De Weerd: Okay. Council, if you do not have any other questions, I guess the only question I have remaining is one that no one in this room can answer, as the school district is not here. I know that this developer has had a wonderful history of working with the school district and so that isn't a major concern, but it does concern me when we have nothing in writing and a lot of speculation. Bird: Madam Mayor? De Weerd: Mr, Bird. Bird: 1 think it was a week ago or two weeks ago Wendell was here and went over the -- with Steve Siddoway the area schools out in the north end. What people don't realize is as soon as you -- 18 months after you get occupancy in a house over 50 percent of your taxes goes to the school district. So, you are -- you are helping. I mean it seems like -- it seems like we have old schools that aren't filled, but all the new schools always are filled over capacity. It's a different deal. I think that this developer has a track record will the school district of working with them and I think if it would have been a major concern of Wendell's, that we would have had a written policy in here. De Weerd: Mr. Wardle. Wardle: Madam Mayor, if I could comment on that real quick. Certainly it's, in my opinion, the city needs to take those things into consideration. However, I don't think that we need to base our decisions on this application or even set a precedent for future applications that it's the City of Meridian's duty to procure school property for the district. 1 don't think that's our charge. Meridian City Council November 9, 2005 Page 49 of 57 De Weerd: I believe you're correct. I do think, though, that when we have -- we have worked very closely with the school district on what their needs are in each square mile, that you -- that that is a consideration and, certainly, that's why they are a commenting agency. And, yes, they neglected making comment and so that is a concern. I guess Mr. Bird did raise the discussion we had and, Anna, at that discussion Steve was going to get Council a map of each of those. I believe that the next middle school comes on in 2007 and so that -- and that is to help relieve Sawtooth Middle School, because we have been looking at connectivity as far as sidewalks and how to get kids to that school. But if we can have that, so that as we look at these areas we know when the schools are coming on, and, certainly, in subdivisions this size we really do need to pursue written comment by the school district, so that we have it on record. Canning: Yes, ma`am. And I will work to make sure that we get that -- a copy of that map from Wendell or have it available in PDF so we can do it on the overhead. And just to be clear, we are clear that Wendell was not looking for a school site on this property. Bird: That's right. Canning: There was not a question about that, so -- De Weerd: Okay. Thank you. And I guess I realize that, but I think it's important, too, as our public testifies, they have the privilege of seeing what we have seen, also what the developer is seeing, so that they know where -- what we are basing our information on, too. Okay. Council, what would you like to do at this point? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just one quick clarification for staff and, then, I'm going to move to close this hearing. Anna, if we choose to act favorably upon this application and remove the requirement for the stub street connection where would that be? Which of the four applications? Canning: Mr. Hood will look that up. Bird: Which one's the south one? That's the one -- De Weerd: Fourteen. Bird: Fourteen? 05-040? Wardle: Would it be Item 14, Anna? Canning: Yes. Meridian City Council November 9, 2005 Page 50 of 57 Wardle: Thank you. Madam Mayor, I move that we close the public hearings on Items 12, 13, 14 and 15. Bird: Second. De Weerd: Okay. The motion is to close the public hearings on Items 12 through 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item No. 12. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 12, AZ 05-040, annexation and zoning for Volterra Subdivision and to incorporate all staff, applicant, and public comments. Rountree: Second. De Weerd: Okay. The motion is to approve Item No. 12. Is there any discussion? Mr. Berg, will you call roll. Berg: There is Findings. De Weerd: Okay. Bird: There is Findings, I believe. Berg: Are the Findings okay, Anna? Canning: Oh. Yes, sir. Sorry. It's one point -- Berg: No. The Findings. Are the Findings okay for annexation? Canning: Yes. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Berg: I just want to make sure that -- Meridian City Council November 9, 2005 Page 51 of 57 De Weerd: I appreciate that. Okay. Item 13. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 13, PP 05-039 and to incorporate all staff and applicant and public comments and to approve the Findings. Bird: Second. De Weerd: Okay. The motion is to approve Item 13. Is there any discussion? Mr. Berg. Mrs. Canning. Canning. If I could ask for a clarification. The applicant did request fencing that's not consistent with what would be allowed under the UDC. We can approve it as part of this planned development, but we need to have that from the Council. De Weerd: And they did offer a photo that -- Canning: Yes. De Weerd: Okay. Council -- or Mr. Wardle. Bird: Ask the motion maker. Wardle: Madam Mayor, in my motion that would include the option presented by the applicant as an alternative for the required open view fencing. Bird: Second agrees. De Weerd: Okay. Thank you. Anna, anything further? Canning: That was all on that one. De Weerd: Okay. Thank you. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 14. Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item 14, PP 05-040, to include all staff, applicant, and public comments and to approve the fencing submitted by the applicant Meridian City Council November 9, 2005 Page 52 of 57 and also to remove the requirement for a stub street connection to existing Drawbridge Subdivision. Bird: But to include -- Wardle: And to include a pedestrian path and potential stub street connection to the land locked five acre piece if allowed by ACHD. Rountree: Second. De Weerd: Okay. Any discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 15. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 15, CUP 05-041, to include all staff, applicant, and public comments, including the applicant's comments regarding the proposed arrangement with the irrigation district on the White Drain. Rountree: Second. De Weerd: Okay. Canning: Madam Mayor? For the maker of the motion, does that also include the staff recommended changes to condition 1.33 regarding the amount of open space? Wardle: Yes, it does. Canning: Thanks. Rountree: Second agrees. De Weerd: Okay. For the record, do you just want to note what that was? Canning: Yes, ma'am. It was 10.5 acres for Volterra South and 13.9 for Volterra. De Weerd: Thank you. Okay. Any further discussion? Thank you, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. E Meridian City Council November 9, 2005 Page 53 of 57 MOTION CARRIED: THREE AYES. ONE ABSENT De Weerd: Thank you. You know, I would also like to make a comment on the design. You really preserved that intersection that we constantly get bombarded with access requests and right -in, right -outs, and it's kind of refreshing not to have to deal with that every time. So, appreciate that. We'd like to see how this commercial design works. It's unique and it's certainly what we have been hoping to see. Rountree: Could you just back the buildings up to the arterials, instead of the parking lots? Try it. You might like it. De Weerd: They have their buildings on the collectors towards the road and that's been very attractive in Bridgetower. Bird: I think this is very nice. De Weerd: In fact, I think your office is even in it; right? Isn't your office in one of those that backs to the collector? Very attractive. Item 16: Ordinance No. 05-1199 AZ 05-015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC — 955 West Ustick Road: De Weerd: Okay. Council, Item 16 is Ordinance No. 05-1120. Yes, Mr. Berg. Berg: Madam Mayor, Members of the Council, I'd like to have the ordinance continue in sequence, in case there is some other problems with some other ordinances tomorrow and just -- or, excuse me, next week and just keep it as 1199. De Weerd: 1199? Berg: I think that was the next one in line Bird: That was the one that we continued on. Do we need to -- do we want to change -- you want to go to 1199 -- Berg: I'd rather assign the numbers as they are approved, so in case something gets delayed -- which I don't anticipate, but it's easier to keep track of as they get approved and fall back to when you have a problem and you have to research it for a couple years back. Bird: No problem. Rountree: What's your wishes? Meridian City Council November 9, 2005 Page 54 of 57 De Weerd: Okay. Whatever you desire, Mr. Berg. Berg: Thank you. De Weerd: Since you are the record keeper. Okay. So we have Ordinance 05-1199. If you will, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1199, an Ordinance for annexation of property located in the east one half northwest one quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate city limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use classification of said lands from RUT to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Rountree: Madam Mayor, hearing no comments, I move that we approve Item 16, Ordinance 05-1199 -- Bird: Second. Rountree: With suspension of rules. Bird: Oh. Second. Sorry, Charlie. Rountree: That's all right. De Weerd: Okay. Thank you. The motion is to approve Item 16. If there is no further discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Canvassing the Votes for City General Election: De Weerd: Okay. Item 17 is canvassing the votes for city general election. Rountree: Oh, boy. Meridian City Council November 9, 2005 Page 55 of 57 Bird: Holy Toledo. Berg: Thank you, Madam Mayor, Members of the Council. I think you have in front of you a draft of the results from the elections held yesterday. It was an exciting time and -- Wardle: Big turn out. Bird: Big turn out. Berg: People did use their right to vote yesterday and that's what we are hoping for and we will anticipate even a bigger election in two years. In front of you is some results. I do have the poll books and the tally books if you'd like to examine the precincts. I will start them down the line so you can thoroughly look through them. De Weerd: Okay. Do you wish to see the books? Bird: You have to. Don't wish to, but -- Rountree: Got to. It's part of the job description. I think Joe has to look at them, doesn't he? De Weerd: No, he doesn't get to. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: After a thorough review of the results of the votes of the November 8th City of Meridian election, I move that we canvass the votes, declaring Joe Borton and Keith Bird winners in the general election. Rountree: I will second the motion. De Weerd: I will third it. Bird: I'll fourth it. Joe fifth's it. De Weerd: Is there any discussion? Rountree: No. De Weerd: Okay. Item 17 has been approved. Council, I just -- pardon? Rountree: Let's have a vote. Meridian City Council November 9, 2005 Page 56 of 57 De Weerd: Oh. Bird: We got to have a vote. De Weerd: We've got to vote. Sorry. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Now It's official. You're official. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we adjourn. Bird: One second. I need something first. De Weerd: We have just a couple of items. Rountree: We have seconds. Okay. Bird: Okay. De Weerd: Mr, Bird. Bird: The senior center would like to apply for another Sage -- De Weerd: Community block grant. Bird: -- block grant for another 100,000. They will need our backing and I told them that I felt that that would be no problem, that the Council would be in agreement with it. hope you would agree with that, too, Joe, seeings how it will be on -- it's a block grant for the senior center for 100,000. And they have got -- they have got most of the money and the matching funds and stuff and they will work through -- want to work through Will again like they did on the last one. Wardle: I agree. Rountree: Sounds fine to me. Bird: Is that okay with you guys? Meridian City Council November 9, 2006 Page 57 of 57 Rountree: Yeah. Have them bring it forward Bird: Okay. De Weerd: Council, just a couple things that -- AspireOn -- Phil Stiffler will be getting a hold of you for one on one. Also, we'll be having a Pre -Council workshop on December 13th to go over what we have been doing in building in accountability and our position accountability descriptions and those kinds of things. Also talking about rolls and responsibilities of Mayor and Council as we bring in a new Councilmember and we have one outgoing, it's a great opportunity to sit down and have those discussions. And I would entertain a motion to adjourn and, then, I just have a couple of clean-up things on the parade and stuff like that. Rountree: My motion is still out there. Bird: Second. De Weerd: Okay. All those in favor of adjournment say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:57 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) 6 RY T MY DE WEERD DATE APPROVED St�i VS i€illit fi Ff Jxe��—,4 ATTESTED: WILLIAM G. BERG_ IT CLER rl,�'. r.......... o, MERIDIAN CITY COUNCIL MEETING November 9, 2005 APPLICANT ITEM NO. 5-B REQUEST Approve Real Estate Purchase and Sale Agreement and Deed for Thousand Springs Surplus Property: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Agreement e V-41 RE, AL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT, is made and entered into this © a day ofd U. , 2005, is made between the Seller and Purchaser identified in Section 2 below for the Property defined in Section 3 below. Purchaser and Seller agree as follows: 1. Purchase and Sale. Purchaser shall purchase and Seller shall sell the Property ruder the terms and the conditions set forth in this Agreement. 2, Parties. The name, address and fax number of Seller, Purchaser and Purchaser's Agent, (if any): 2.1 Seller THE CITY OF MERIDIAN, an Idaho Municipal Corporation City Hall Office of the City Cleric 33 East Idaho Avenue Meridian, Idaho, 83642 (208) 888-4433 2.2 Purchaser Legal Name: L6 1,C,)<;,,k Entity Type: Znj ("� d a,. f Street Address: 7 F. �cirs r. Town, State, Zip: V Contact Phone: (4108)a88-6 2.3 Purchaser's A ent (if any) Name: Address: 3. Property. The Property consists of approximately .177 acres of real properly located in the City of Meridian, Ada County Idaho, legally described as Lot 63, Block 14, Thousand Springs Subdivision No. 5. 4. Purchase Price. The Purchase Price is T�\rfle 14 re� U.S. Dollars ($ 3X00. ov �) REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 of 6 5. Pa ancill of Purchase Price. The Purchase Price shall be paid all in cash at Closing, via cashier's check, wire transfer, or other iiruilediately available funds. The Earnest Money shall be applied to Purchaser's payment of the Purchase Price. 6. Earnest Money. Concurrently with execution and delivery of this Agreement, Purchaser shall deposit with the City Clerk, a cashier's check or certified check payable to the First American Title in the amount of 10% of the Purchase Price as earnest money ("Earnest Money,,). Upon Seller's execution of this Agreement, the City of Meridian shall promptly deliver the Earnest Money to the First American Title Insurance Company, which shall serve both as the escrow agent (in that capacity, "Closing Agent") and the title company (Tithe Company") for this transaction. The Earnest Money shall be applied towards payment of the Purchase Price at Closing. Upon mutual execution of this Agreement, the Earnest Money shall be non-refundable, except as otherwise expressly provided elsewhere in this agreement. 7. Title Matters. 7.1 Conve ance• Permitted Exceptions, At Closing, Seller shall deliver a warranty deed conveying title to the Property to Purchaser, subject only to Permitted Exceptions 1 through 19 identified in the First American Title Company Commitment Order Number NCS 196505-B 01 dated October 12, 2005, 7.2 Policy. At Closing, Seller shall cause the Title Company to issue to Purchaser, at Purchaser's expense, a title policy for the Property, which shall be an ALTA standard coverage owner's policy of title insurance, insuring Purchaser in the amount of the Purchase Price against any loss or damage by reason of defects in title to the Property delivered at CIosing, other than those arising out of the general exceptions customarily appearing in such policies or the Permitted Exceptions (Title Policy"). 7.3 Title Insurability. If title is not insurable at Closing in accordance with the provisions of this Agreement, Seller shall not be in default under this Agreement, unless Seller has intentionally failed or refused to deliver title; and Purchaser may elect to proceed to Closing despite such non -insurability or Purchaser may terminate this Agreement and receive the return of the Earnest Money, whereupon this Agreement shall terminate and all obligations of the parties shall cease. 8. Waiver of Contingencies: As Is Sale. 8.1 Waiver of Contingencies. By executing and delivering this Agreement, Purchaser represents and warrants to Seller that Purchaser has completed any and all investigations and due diligence review it requires in connection with entering into this Agreement and acquiring the Property pursuant thereto and Purchaser's obligations hereunder are not contingent upon any further review of investigation of the Property. Purchaser further acknowledges and agrees that its obligations hereunder are not contingent upon receiving or securing any financing, permits or authorizations of any nature. Any and all such contingencies are hereby waived by Purchaser. 8.2 Representations.- Condition of Property. Purchaser acknowledges and agrees that Purchaser will be purchasing the Property on an AS IS, WHERE IS basis. Purchaser agrees that, other than the express warranties contained in Section REAL ESTATE PURCHASE AND SALE AGREEMENT page 2 of 6 12 herein or in the Deed, Seller has made no representations, warranties or agreements of any bind or nature regarding the Property, express or implied, and Seller expressly disclaims any warranties or representations, whether express or implied, including any warranty of habitability, merchantability, or fitness for a particular purpose, including without limitation any of the following matters in any way related to or arising from. (1) the stability or suitability of the soil on the Property; (2) the presence or absence of any hazardous substances in, on, under or about the Property; (3) building, zoning, and all similar State and local laws) or other law, rule, ordinance or regulation restricting the use, renovation, repair, improvement, or occupancy of the Property for any purpose; (4) any defective condition of the Property; and Purchaser hereby releases, waives, and renounces any claim against Seller related to any or all of the matters discussed in this Section 8.2. As used in this Agreement, "hazardous substances" means any substance, chemical, waste or other material which is listed, defined or otherwise identified as "hazardous" or "toxic" under any federal, state, local or administrative agency ordinance or law. 9. Closing. Closing of the purchase and sale shall occur when the Deed has been delivered and recorded and the Purchase Price has been delivered to Seller or is available to Seller. Closing shall be conducted by Closing Agent in its Meridian offices. This Agreement, together with such other instructions as either party may submit that are consistent with this Agreement, shall be the escrow instructions to the Closing Agent. 9.1 Closiniz Date. Closing shall occur after the Effective Date on a date ("Closing Date") that is mutually convenient to parties, but in no event later than December 2, 2005 ("Outside Closing Date") 9.2 Deposits and Prorations. The parties shall each timely deposit with the Closing Agent all instruments, documents and moneys necessary to enable the purchase and sale to close in accordance herewith. Real estate taxes for the current year and assessments that are Permitted Exceptions for the current year shall be prorated as of the Closing Date. 9.3 Closing Costs to be paid by Purchaser. Purchaser shall pay all fees of the Closing Agent, all premiums for the Title Policy and any endorsements the cost of recording the deed, and any other closing costs. 9.4 Possession. Purchaser shall be entitled to possession of the Property as of Closing. 10. Representations and Warranties. Each of the parties to this Agreement make the following representations and warranties to the other party with respect to its own actions and affairs. 10.1 Existence Power and Authority. Seller is a Municipal Corporation of the State of Idaho and Seller is authorized to offer this property for sale pursuant to Idaho Code Title 50, Chapter 14 and City Ordinance. If Purchaser is a corporation, partnership or limited liability company, Purchaser warrants that it is validly in existence as such entity, with full power and authority as such entity to conduct its business as presently conducted. The execution of this Agreement by the undersigned signatory and performance of the transactions contemplated by this Agreement have been duly authorized by all necessary action on the part of such entity. 10.2 Survival. Such representations and warranties are true as of the Effective REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 6 Date, shall be true as of and at the Closing, and shall survive Closing. 11. Default; Remedies. If either party fails to perform its obligations when due under this Agreement, such party shall be in default. 11..1 Purchaser's Failure to Close: Purchaser's Default. If Purchaser fails to purchase the Properly in accordance with its obligations under this Agreement, Seller's exclusive remedy for such failure shall be to terminate this Agreement and retain the Earnest Money, the parties agreeing that the damages that would be incurred by Seller in such event would be difficult or impossible to determine with precision and that the amount of the Earnest Money is reasonable in light of such difficulty or impossibility, the Purchase Price, and the nature of the Property. The foregoing shall not, however, limit any right of Seller to indemnification or defense provided in this Agreement, or the provisions of this Agreement providing for payment of attorneys' fees in the event of a dispute, or any of Seller's rights under applicable law in the event that Purchaser breaches any covenant or agreement, except for the covenant to close. 11.2 Seller's Failure to Close: Seller's Default. If Seller is in default, and as a result, this transaction fails to close, Purchaser may elect to terminate this Agreement and receive a refund of the Earnest Money, or pursue other remedies available at law. 12. General Provisions. 12.1 Entire Agreement. This Agreement is the sole, entire and exclusive agreement between Seller and Purchaser concerning (i) the purchase and sale of the Property, (ii) the condition of Property, and (iii) the suitability of the Property for Purchaser's intended uses. This Agreement supersedes and replaces any and all prior communications, representations and understanding, whether written or oral, in any way arising out of or in connection with the Property, including without limitation the bid catalog and other materials prepared and distributed by Seller and Seller's Agents in connection with the auction and other marketing efforts related to this Property. This Agreement may not be modified except by a written document signed by both Seller and Purchaser. 12.2 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns; provided, however that Purchaser will not prior to the Closing Date, assign, subcontract or otherwise transfer any interest without the prior written consent of Seller. 13. Notices. Notices and other communications under this Agreement shall be in writing and shall be effective when received by personal delivery to the other party, or received by certified mail, return receipt requested (which receipt shall be deemed to occur three days after mailing). 14. Time. Time is of the essence of this Agreement. 15. Date of Performance. if the date for any performance under this Agreement falls on a weekend or a holiday, the time for such performance shall extend to the next business day. 15.1 Further Acts. The parties shall execute such further documents and. take such other further actions as may be reasonably necessary to carry out the intent and provisions of this Agreement. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 6 15.2 Applicable law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Idaho. In any action arising udder this Agreement, venue shall be in Ada County, .Idaho. 16. Attome s' Fees. In any litigation or other proceeding arising out of this Agreement, the substantially prevailing party shall be entitled to an award of its reasonable attorneys' fees and other costs incurred therein, in the preparation therefore, and on any appeal thereof. 17. CounLeEpait Signatures. This Agreement may be signed in counterpart, each signed counterpart shall be deemed an original, and all counterparts together shall constitute one and the same agreement. 18. Fax Transmission. This Agreement may be delivered by facsimile transmission. 19. Time for Ace q,tance of Offer. This Agreement is being submitted as a signed offer by Purchaser anal shall expire and be of no further force and effect unless accepted by �µ-- Seller by its signature below on or before 5:00 p.m., Prevailing Local Time, on theme S eue^A business day following the execution of this agreement by Purchaser. If Seller has not executed this Agreement by the date specified in the preceding sentence, the City of Meridian shall promptly return the Earnest Money to Purchaser. CITY OF MERIDIAN B `,,�� '�`D E� MY de WEE Attest: .�11 �'� � y``'i,, - BEAL CITY CLERK = �' °°8asraa�i rsi�aa�v� REAL ESTATE PURCHASE AND SALE AGREEMENT Page 5 of 6 STATE OF IDAHO, ) County of Ada, ) t7 � On this day of �D�/f%���2�1J , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared ucC ; y •; > on behalf of known or identified to me to be the �=w-- of said corporation, who executed the instrument on behalf of said corporation, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL)f, s . t,dtli 0-7 Notary Public for Idaho Residing at: Z/�c�v�� My Commission Expires: -- STATE OF IDAHO ) ss County of Ada ) On this day of e"�'l� , 2005, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IV (SEAL) �.'"OT < � l� `�';•�, m Notary Public for Idaho ® 1 a Residing at: ' La f Commission expires: _ �c�-i REAL ESTATE PURCHASE AND SALE AGREEMENT Page 6 of 6 • • SPACE ABOVE FOR RECORDING DATA WARRANTY DEED FOR VALUE RECEIVED, THE CITY OF MERIDIAN, a Municipal Corporation organized and existing under the laws of the State of Idaho, GRANTOR, hereby conveys, grants, and warrants to RICK MICHAELSON, GRANTEE, whose address is 2387 E. Three Bars Drive, Meridian Idaho 83642, for the sum of THREE THOUSAND FIVE HUNDRED DOLLARS and other good and valuable consideration, the following described real property, to -wit: LOT 63, BLOCK 14, THOUSAND SPRINGS SUBDIVISION NO. 5 ADA COUNTY, IDAHO SUBJECT TO taxes and assessments for the current year and all subsequent years, together with any and all existing easements, rights-of-way, reservations, restrictions and encumbrances of record, to any existing tenancies, to all zoning laws and ordinances, and to any state of facts an accurate surveyor inspection of the premises would show. This conveyance shall include any and all appurtenances, tenements, hereditaments, reversions, remainders, easements, rights-of-way and water rights in anywise appertaining to the property herein described. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said premises; that the premises are free from all encumbrances, excepting those as may be herein set forth, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims. IN WITNESS WHEREOF, the�Grantor, pursuant to Ordinance of the City Council, has caused its name to be hereunto subscribed by its Mayor this day of November, 2005. CITY OF MERIDIAN l Tammy de eerd Mayor STATE OF IDAHO ) :Ss County of Ada ) On this q day of 1 , fin the year 2005, before me, l t lry 1 . r�fn , a Notary Public, personally appeared Tammy de Weerd, known or identified to me to be the Mayor of the City of Meridian that executed the instrument or the person who executed the instrument on behalf of said Municipal Corporation, and acknowledged to me that such Municipal Corporation xecuted the same. ®a¢ �,� (t °®�Notary Public for Idaho (SEAL)+,- OTA '.e Commission expires: F"l� / ■ � 1 �4 ■ ■ l � W io Page 1 of 1 Will Berg From: Ted Baird Sent: Monday, November 07, 2005 4:01 PM To: Will Berg; Tara Green; Sharon Smith Subject: Closing documents for well lot sale - Thousand Springs Attachments: Closing Seller.pdf; Instructions_ Sale Closing -ID (2).pdf Here are some additional documents for the lot sale. When the mayor signs the agreement and the deed, can you also have her sign these? They do not need to be put on the consent agenda, since the resolution authorizing the sale of the lot also gives her authority to sign the closing instructions and closing statement. Also, on the last page of the instructions, please insert where you want the check sent. When everything is signed, you can call First American to send a runner to pick up the documents and the earnest money check. Contact Edie Gratton's assistant (Amy Chinn) at 375-0700 for the pickup. Let me know if you need anything else from Legal. Thanks, all. 11/9/2005 ,1M Ek1 t American Title Company ofIdaho National Commercial Services 7311 Potomac Drive, , Boise, Idaho 83704 ESCROW INSTRUCTIONS To: First American Title Company of Idaho, Inc. File No.: NCS-196505-BOI (eg) National Commercial Services Escrow Officer: Edie Gratton Date: November 07, 2005 Re: 0000 E. Three Bars Drive, Meridian, ID 83642 I hereby agree to purchase the hereinafter described property located at 0000 E. Three Bars Drive, Meridian, ID 83642, for a total consideration of $3,500.00, and will on or before November 11, 2005 hand you said consideration which is payable as follows: Earnest Money Deposit $ 350.00 New Loan to file $ N/A Balance in cash at closing (closing costs are additional) I will deliver to you any additional funds and execute any instruments which are necessary to comply with the terms hereof, all of which you may use when you hold for me: executed Warranty Deed in favor of the undersigned; sufficient funds to close the subject transaction and when you can issue your standard coverage form policy of title insurance with liability of $3,500,00, on the property described as follows: LOT 63, IN BLOCK 14 OF THOUSAND SPRINGS SUBDIVISION NO. 5, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 79 OF PLATS AT PAGE 8534 TO 8536, RECORDS OF ADA COUNTY, IDAHO. A.P.N. R-8441-91-0630 SHOWING TITLE VESTED IN: Rick L. Michaelson, a married man FREE OF ENCUMBRANCES EXCEPT: 1. Exceptions numbered 1 through 19, inclusive, as shown in the title commitment dated October 12, 2005, issued in connection with this escrow, a copy of which has been reviewed. 2. Other: N/A OTHER INSTRUCTIONS: All conditions of the Purchase and Sale Agreement, dated November 2, 2005 and any Addendum's thereto have been satisfied and met. PRORATE AND/OR ADJUST THE FOLLOWING AS OF November 11, 2005 Page 1 of 4 First American Title Company of Idaho, Inc. IMational File No.: NCS-196505-BOI (eg) Commercial Services Date: 11/07/2005 1. Taxes based on the amount of the last tax statement of the Tax collector issued prior to close of escrow. (If the amount of the new tax bill issued by the Tax Collector after close of escrow is more or less than the amount used for proration purposes, the difference, if any, will be adjusted by the parties herein outside of escrow.) Seller to forward to Buyer any present or future tax bills on property herein. 2. Interest on any existing trust deeds, improvements, assessments and/or bonds taken over by Buyer. 3. Rental or Lease, per rent or lease statement handed you. 4. Charge the Buyer and credit the Seller the amount of any funds held in an impound account, if any, in connection with an existing loan. I hereby agree to pay any charges including the entire escrow closing fee, the title insurance premium, recoring fees, and any advance and expenses that are properly chargeable to me regardless of the consummation of this escrow. At the close of escrow, you are to deliver all documents, etc., to the persons entitled thereto. Then you are instructed to disburse deposited funds pursuant to the Escrow Settlement Statement examined and approved by the parties hereto and by this reference made a part hereof. Proceeds of this escrow may be disbursed by your check payable to the respective parties, and your checks and documents may be mailed to the addresses set forth in these instructions. When all documents have been signed and you have received all necessary funds, you are authorized to record the necessary documents, disburse funds collected in accordance with these instructions, and have the title insurance policy issued. Adjustments may be made on interest, unusual recording fees, and approved payment of bills and rents received after the signing of these instructions. You are authorized to pay any additional interest due on loan payoffs to lender after closing. GENERAL PROVISIONS All disbursements shall be made by your check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of Idaho and may be transferred to any other general escrow account or accounts. Upon specific instructions from all parties to this escrow, you may hold funds as otherwise instructed herein. The expression 'close of escrow' means that date on which instruments referred to herein are filed for record and funds disbursed, unless otherwise indicated in these instructions. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorneys' fees suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. If any party to this escrow elects to cancel these instructions because of the failure of any party to comply with any of the terms hereof within the time limits provided herein, said party so electing to cancel shall deliver to escrow agent a written notice to the other party and escrow agent shall hereupon become cancelled. When the written notice is delivered to escrow agent by the party so electing to cancel escrow agent shall within five days thereafter send a copy of said notice. to the other party in the manner proved by law and the usual practices of this escrow agent. Page 2 of 4 First American Title Company of Idaho, Inc. rational File No.: NCS-196505-BOI (eg) Commercial Services Date: 11/07/2005 In the event said other party shall fail within said ten day period to comply with all of the terms hereof, these instructions shall become cancelled and escrow agent is thereupon authorized: (a) first, to pay to the party electing to cancel any money deposited hereunder by said other party, after deducting any charges; (b) second, to pay to the party electing to cancel, any money deposited by said party, after deducting any charges remaining unpaid; and (c) third, to return all documents deposited hereunder to the party who delivered the same except documents executed by more than one party, which shall be marked 'cancelled' and retain in the files of escrow agent. Both Seller and Buyer acknowledge by their signatures hereon the following: We/I have been specifically informed that First American Title Company (hereinafter designated as First American) is not licensed to practice law and no legal advice has been offered by First American or any of its employees. We/I have been further informed that First American is acting only as escrow holder and that it is forbidden by law from offering any advice to any party respecting the merits of this escrow transaction or the nature of the instruments utilized and that it has not done so. We/I have not been referred by First American to any named attorney or attorneys or discouraged from seeking advice of any attorney, but have been requested to seek legal counsel of our/my own choosing at our/my own expense if we/I have doubt concerning any aspect of this transaction. I further declare all instruments to which I am a part, if prepared by First American, have been prepared under the direction of my attorney or myself and particularly declared that copying legal descriptions from title reports onto forms of deeds, etc., or reforming of legal descriptions or agreements is, or will be solely at my direction or request. I have been afforded adequate time and opportunity to read and understand these escrow instructions and all other documents referred to therein. DISCLOSURE OF TAXPAYER IDENTIFICATION NUMBERS Internal Revenue Code Section 6109(h) imposes requirements for furnishing, disclosing, and including taxpayer identification numbers in tax returns to a residential real estate transaction involving seller -provided financing. The parties understand that the disclosure reporting requirements are exclusive obligations between the parties to this transaction and that First American Title Company of Idaho, Inc., is not rendering an opinion concerning the effect of this law on this transaction, and the parties are not acting on any statements made or omitted by the escrow or closing officer. To facilitate compliance with this law, the parties to this escrow hereby authorize First American Title Company of Idaho, Inc,, to release any party(ies) taxpayer identification number to any requesting party who is a party to this transaction. The requesting part shall deliver a written request to escrow. The parties hereto waive all rights of confidentiality regarding their respective taxpayer identification numbers and agree to hold First American Title Company of Idaho, Inc., harmless against any fees, costs, or judgments incurred and/or awarded in connection with the release of taxpayer identification numbers. PENALTIES Penalties for failure to comply will most likely be assessed against the individual taxpayers for failure to provide the information. Any amendments of and/or supplements to any instructions must be in writing. If any Earnest Money Agreements, Receipt and Agreements to Purchase or the like are attached to these instructions and one or more terms of said agreements conflict with or vary from these instructions, these instructions shall nevertheless control. The Seller agrees to sell and the Buyer agrees to buy the property herein described upon the terms hereof. Page 3 of 4 First American Title Company of Idaho, Inc. National File No.: NCS-196505-BOI (eg) Commercial Services Date: 11/07/2005 BUYER(S): Rick L. Michaelson I/We approve of the foregoing instructions, agree to be bound thereof, and agree to sell and will deliver to you papers, instructions and/or funds required from me within the time limits specified herein, which you are authorized to deliver when you can issue your policy of title insurance as set forth above. You are instructed to use the money and record the instruments to comply with said escrow instructions and to pay all encumbrances of record necessary, without further approval including prepayment penalties to show title as herein provided. Buyer is to pay all title and escrow related charges. At the close of escrow, you are to mail any documents and your check or checks payable to: Gni v % e �i chi �• ell glreklz v D{ i cc� / : eW & /3-ep- SELLER(s): 3 3 Ecus-Z�G�°��ir 'e;z et -e City of Meridian, a Municipal Corporation of the State of Idaho By: Tamm e egl�a�ror SEAL Page 4 of 4 �Y i11 F: Ki FirstArnetican Title Company ofldaho, Inc. Nadorfal Commercial Services �:,> ��7311 Potomac Drive • Boise, 1D 83704 Seller's Settlement Statement Property: 0000 E. Three Bars Drive, Meridian, ID 83642 Lite No: NCS-196505-BOI Officer. Edie Gratton/eg New Loan No: Settlement Date: Disbursement Date: 11/1112005 Buyer: Rick Michaelson Print Date: 11/7/2005, 2:24 PM Address: 2837 East Three .Bars Drive, Meridian, ID 83642 Seiler: City of Meridian Address: 703 North Main Street, Meridian, ID 83642 ch e PC ........... Total Consideration W City of Meridian, a Municipal Corporation of the State of Idaho By: Tam eerd, Mayor' �O re+ftr��a89G�9 MERIDIAN CITY COUNCIL MEETING November 9, 2005 APPLICANT ITEM NO. 5-C REQUEST Agreement for Professional Services Water Division Building Project with Materials Testing & Inspection, Inc.: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached Agreement CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted• ' Date: Phone: Emailed: Staff Initials. Materials presented at public meetings shad become property of the City of Meridian. ru011C vvorKS wept. NOV - 3 2005 City of Meridian cityClerkOffice Me o To: Mayor De Weerd & City Council From; Brad Watson, P. E. CC. File, City Clerk Date: '1113105 Re: November 9, 2005 City Council Meeting Agenda Items The Public Works Department requests that the items below be considered on the November 9 City Council agenda, on the Consent Agenda, for Council's consideration. A copy of the agreement is attached. Agreement for Professional Services — Materials Testing & Inspection MTI Water Division Building Proiect. This agreement encompasses geotechnical engineering services for the Water Division Building. This agreement is on a time -and -materials, not -to -exceed $3,500. Recommended Council Action: Approve agreement Materials Testing & Inspection, Inc., in the time -and -materials, not -to -exceed amount of $3,500, for the geotechnical services related to the Water Division Building Project and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. Please let me know if you have any questions about this project. 0 Page 1 �V-01-2005 10:14 FROM: Ti '989551 P.1,'5 N% ATG�RIALSEiC �! TESTING & H181T "A" PACE # 1 OF 5 I NSPECTI©IV IllfTiSCRYGR2lF'ItUF'05Date 510EotECHrraG 0 cnvfrOr)mf natal Services ❑ Geotechnical Engineerinq AC1(i5 PxoPovnLslnol�� DEO:ECHMVALINERID14N PUR4IC. ❑ Con_tructian Materials Testing � Sppciaf RTspel,��s BRAD WATSON, P.E. PuhL' IC WORKS DIRECTOR rHc,:v� t3-55 a PUBLIC WORKS DF><'T,. FAX: A28 -9S51 650 E. WA'aexrowLit, Surrr, Zoo M-ElI;DiAN, ID 83642 Ike:: Subsurface G:cotechnical Investigation Proposal for the Proposed Office/Shop Building, 2235 North West 8"' Street, Meridian, Idaho Gentlemen: Materials Testing & Inspection would like to thank you for requesting a proposal from our firm to provide a gcotcchnical investigation and recommendations for this project. We appreciate the opportunity to submit Nu fblltav✓ing proposal. The subsurface investigation will be conducted to provide information needed in the site development and de8.i.,07 Of the proposed project. The project is anticipated to consist of construction of ari app,,-oxi=te 10,000 square foot, office/shop building, with associated parking. Drainage is expected to be directed to below grade seepage .beds. Location and size of seepage beds are un.icnown at this time. Revisions tnay be required based on -final. design rcquiretnents. Based on discussions with the client, MT1 understands that minimal si.tc disturbance; &icing tho exploration phase is desired. Therefore, MT1 proposes the use of soil borings rather than test. pito, In accordance with your request and ILIA document G602 requirements, our proposed subsurface exploration will.:include the �rbllowing services: • Three soil borings will. be advanced (across the arts of the proposeA dcvclopment. All data obtained shall be recorded in the field and referenced to boring numbers; soil shall be classified in the field logs in accordance with applicable ASTM standards auad other standards, including, but not limited to. ASTM standard D2488, but the classification for final logs shall be based on field information, plus results of tests, plus; further inspection of samples it, the laboratory by the Geotechnical Lngineer preparing the roport; • A chart illustratiatg the soil classification criteria and the terminology and symbol~ used on the logs; • ldcntify the ASTM standards or other recognized standard sampling and test methods used; • Provide a plot plait giving approximate locations of borings, • Provide sampling method used, date of start And finish, surfaco elevations, d4scription of soil and thickness of each, and, where dpplicable, groundwater elevation and ti= when water reading was made. Note of the location of strata Containing organic materials, wet materials or other incomiAcneics that might affect engineering conclusions; • D"cription of tale existing surface conditions and sunimarize the subsurface conditions; • Provide appropriarc subsurface profiles of rock or other bearing Stratum; • 'Estimate Potential variations in elevation and movements of subsurface water due to seasonal influence; '• kc;port all laboratory dcte rininations of soil properties; -0 Recommendations of type or types of foundakions which would be suitable for the proposed project and provision of data for use in fdundation design And construction; • frost penetration problcnis will be addressed; Uglit and. Heavy duty pavement sections will also be provided_ 7446 W. i_emhi St. • Boise, ID 837p9 • (208) 376-4748 - Fax (208) 322-6515 E -Mail mti@mtl-id.corn • wWw.rnti-id.com NOV-01-2005 13:14 FROM: r' 999,3551 P.2-,5 I MA.TEF4 ACLS ExHIBIT "A" TeSTING PAGE # 2 or 5 Olatg 11/11206 INSPECTION L1MrfsL-a VCR2kPkOPoSAL4iGEore-gmNac AL105 ORgpp*At3 11o1gE QEQTFCnN,[:hL1h(ERInIAN FVaLfC. U Clvifoilmel�tal Services 0 Geotechnical Engineering U Construction Materials Testi, woaKs - WATEK DEPARTM NTS WL, ❑ Spet:i�l iryepoatio�rs Exploration: and recommendations will be prepared under the supervision of a registered professional engineer and -registered professional geologist. All field work will be perforlxted by a geologist or qualified soils teOizu.ckm. Di Iine services will be contacted to locate peripheral utility lines and on-site ersoiuiel will be responsible for rivatt ufiliiie4. MTI vsrill not be in ex Ioration until released h the owner. as we can no[ hl~ held. res ©nsihle "Fnr the cost of re laccment of utility services. X1.11 test pits will be backfilled at completioil of our exploration, and surfaces will be left in a rough but relatively level condition. At that time, a oust can be determined, if these areas will require additional dressing. It 1s proposed that the cost of these services be invoiced based oil tine range of pricing listed below. A copy of our PROFESSIONA7., SERVICES CONTRACT is'enclosed herewith and incorporated into this proposal. SCHEDULE OF FEES ANTS SERVICES G�O7B(:H-NICAt 11VVESTtGATION SErf2Vlt`F..S Site 111spaebion and Crew Supervision, Pcr Hour FC -1 Documcntation and $80.00 C12 5520.00 R,cpor4, per Erour .$Ft0.00 12 $'360.110 LABORATORY SL1tVlCLs M,ntcr.ikl FinerTharl 7S,gm (N 0'200) Sicvc in Mitlerai Aggregates by Washing (AAS1ITO T -11,T -z7, ASTM C-117) 555.011 2 Liquid Limit, Ylustic Limit and Plasticily lrldnx of Soils (ASTM D-4318, AASHTo T- $110.00 $4,r-40) S70.00 2 $140.00 sc111- _3A`M.PL}hG 71A aORINi;S Drit.ting (per font) Sampling costs 517•(10 45 5765.00 Com tes�or sa u.rt trunk $200'00 1 5200.(10 p PP per d iepl $ 100.00 1 £ 100.00 Hnlcplug (For se tlittg orbnring boles} Mo6-D:crnob S9,i0 20 S14o.Ot1 S 150.00 1 $150,00 MISCELLANEOUS 51rRV1CI35 Seili6r tyrofessionul zn inecr 00.00 ESTlttitnT�n PR.oJr_CT royXL9 53.135.011 M°11 will proceed with the work on the basis of verbal authorization; however please sign and return one copy Of this proposal. MTI anticipates issuing our findings and recommendations within ten working days frons the date soil samples are obtained. The attached Ct*.etc chnical Proiect Data Rhpt-t provides, us with values used in 01 r desi n calculatians- Please consult till Droiect structural en 'deer and return this shoot as soon as possible. W17 appreciates the Opportunity to offer its services to you and looks forward to working with you on this projwr- if You have questions concerning this proposal, or if MTI can be of further assistance pI-case call on us at (208) 376-4748. Respectfully Submitted, NIATERIALs TEsTING cit TNs'YECTION, INc. r� Kch'ae G. Woodworth, P.E. Senior Geotechnfcal Bnglrteer Attachments: Project Data Sheet. 7446 W.,Lemhl 5t. - Boise, 10 83709 ► (208) 376.4748 - Fax (208) 322-6515 E -Mail rnti 0 mti-id.com - www.mti.id.com NOU-01--2005 13:14 FROM: Tf- 5989551 P.3/5 MATERIALS Ex.Hlsir i°A" [ TESTING & i PAGE93or=5 Ii.I' Date 111TI200d INSPECTION lSMT1B>=RVt:Rx}PRpPOSAL$1GlSUTECFIN[C AL105 PROPOBA4gl801g(, GEOTMNICALtMERIPIAN PUBLIC U Environmental Servims ❑ Geotechnit l Engineering ❑ Gon truction Materials Testing oaKs Qj specisl Insp©c?° Pf',0f C7',DATA SHEET GEOTECHNICAL INVESTIGATION & RECOMMENDATION'S I.. PROJECT NAME: _ 2. PROSECT LOCATION: 3. YOUR J108 NO: 4. PROJECT MANAGER: 5. DISTRIBUTION OF REPO)i TS: { ) COPIES TO: ATTN: ( ) COPIES TO: ATTN- 6, INVOICE ADDRESS: 7. PRF-S[:NT OWNER ADDR ss: PURCIIASE ORDER No: TELEPHONE NO: ( ) COPIES TO: ATTN: ( ) CoPrEs To: AwN, SITE CON'T'ACT; .PHONh: PLiw,ASE PROVIDE THE FOLLOWING WHEN RETURNING THIS DATA SHE, T: DESCI,I,PTTON OF PROJECT: MAXIMUM WALL LOADS (T<..LF)? AhAXIMIJM ISOLATED COLUMN {K.iYs)`,> 13ASI:IvIENT PLANNED`? MULTI STOIrY $UILDING'? ON S'1`1".F: DISPOSAL OF STOi A WATER? PLANNED FINISHED FLOOR ELEVATION COMPARED To EXi5"CiNG GRADE? PA VP,MrNT SECTION RSQUIRj-;U? IQ Oiz 20 YEAR DEsToN? DA:IC,Y TRUCK TRAFFIC? SEPA,RAT.G TRUCK ACCESS AREAS? KLF = KiPti Pjm LwEfiP FSF,T; K[PS - KILO POLrNb,'; (1,000 -) 7446 W. Lemtri St. ' Boise, ED 83709 - (208) 37£-4748 - Fax (208) 322-6515 E -Mail mti0mti-id,com - www.mti-id.com NOV--01-2005 13:14 FROM: T�? o98S551 P.4-'5 `!ArmMATERIALS TESTING & Aacs # 4 or s INSPECTION ozry 111112oas 44mtisBTueC21Df0 Paolo., osalpl : t' Seo!®chn]cafiUS U Environment 1 gfoposate4boiae QC"16Chnieallmeridiun public a Services U Geotechnical En. ineerinq 0 Construction Materials Testir� je`e " Nei `3` eclaiir s 1d uoa p�jibns PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT is made and Entered into effective this Tuesday, N vember 01 2005 by and between Meridian Public Works PhLt-- ("CLIENT") and MATERIALS TrSTING & INSPECTION, INC. ("CONSULTANT") and is made with reference to the fallowing facts and objectives; RECITALS; WHEREAS, CLIENT intends to have MTi Performa Geotechni of Investl atton in ccardarlce with th Pro oral Exhibit "A" for the Pry osed OfficelShv �ulldfn 2235 �Vorth West ath Street Meridian Idaho (herainaftor referred to as tho "Project"). NOW, THEREFORE, in consideration of their mutual covenants, CLIENT and CONSULTANT herein agree, in respect of the performance of Professional materials testing and construction inspection services by CONSULTANT and the payment for those services by CLIENT, as set forth below. Verbal authorization of work activities constitu es acre tante f this proeosal. I. SCOPE 6F SERVICE. The services to be performed by CONSULTANT under this Agreement are described in Exhibit "A' attached hereto, and incorporated herein by this reference as though fully sef forth. Any estimated quantities contained in Exhibit "A- aro estimates only and- CLiENT agrees that CONSULTANT is entitled to payment for reasonable services rendered in excess of the estimated quantities andfor cost figures as described in.Exhibit "A". 11. PAYMENTSTO CONSULTANT. CLIENT shalt pay CONSULTANT for the services rendered hereunder in accordance with the fee and payment schedule attached hereto as Exhibit "A'. Administrative and/or management time for report review and preparation, schodule changes, and other project related activities will be added to the inspeclor's/technician's time. CONSUL'TAN'T" shall submit monthly statements for services rendered and for reimbursable expenses incurred. All monthly statements submitted to CLIENT shall be due and payable at the time of the billing unless otherwise specifiod in this Agreemont, If CLIENT fails to pay CONSULTANT within thirty (�M) days after receipt of monthly statements for services rendered and for reimbursable expenses incurred, CLIENT agrees to pay one percent (1%) interest per month until the monthly statements are paid in full, CLIENT further agrees that nonpayment of monthly. statements beyond a seventy-five (75) day -period constitutes a material breech of this Agreement with the exception of reasonably disputed amounts that upon written notice from CONSULTANT, the duty, obligations and responsibilities of CONSULTANT under this Agreementare terminatod. In such event CLIENT' shall promptly pay CONSULTANT for all fees, charges and services as outlined in Exhibit "A' provided by CONSULTANT up to the date of termination. Ill. SERVICES, CONSULTANT will act for CLIENT in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of the professional practicing In the same or similar locality of the Project site. CONSULTANT makes no warranty„ either expressed or implied, as to its findings, recommendations, specifications or professional advice. CONSULTANT will provide only those sorvices that, in the option of CONSULTANT, fie within the technical and professional areas of expertise of CONSULTANT as set forth in Exhibit "A' and which CONSULTANT is adequately staffed and equipped to perrorm, CLIENT shall request in writing if CLIENT desires CONSULTANT to provide services outside of the scope of services described in Exhibit "A`, attached hereto. CONSULTANT shall advise CLIENT in writing of any services that lie outside the technical and professional expertise of CONSULTANT. IV. SAMPLE DISPOSAL. Unless otherwise agreed to in writing, samples removed from Projoct site by Consultant to its laboratory will, upon completion of testing, be disposed by CONSULTANT. CLIENT further agrees the cost for disposal of Hazardous Materials to include the characterization costs shall be borne by CLIENT. V. CLIENT'S RESPONSIBILITIES. CLIENT or CLIENT'S authorized representatives will provide CONSULTANT with all revised and updated plans, specifications, addenda, change orders, approved shop drawings and any other information for the proper performance of CONSULTANT pursuant to this Agreement. CONSUL.TANT shall not be responsible for any errors and/or omissions in the performance of CONSULTANT'S work or services rendered resulting from CLIENT'S failure to provide CONSULTANT with revised and updated plans, specifications, addenda, change orders, approved shop drawings and other information fnr the proper performance of CONSULTANT. (CLIENT will arrange and provide access to each area in which it will be necessary for CONSULTANT to perform its work, and CONSULTANT will not begin exploration unfit released by the owner, as CONSULTANT can not be held responsible for the cost of roplacement of utility services). V1. INSURANCE. CONSULTANT shall secure and maintain throughout the full period of this Agreement sufficient insurance; to protect it adequately from claims under applicable Workmen's Compensation Acts and from claims for bodily injury, death or property damage as may arise from the performance of services under this Agreement. In addition, CONSULTANT shall secure and maintain throughout the full period of Agreement sufficient Professional Liability insurance to protect it adequately from claims arising from errors or omissions resulting from Professional Services. VII, EXEMPTIONS OF CONSULTANT'S RESPONSIBILITIES. CONSULTANT shall not be responsible for acts and/or omissions of any party or parties involved in the design of the Project or the failure of any Contractor or Subcontractor to construct any aspect of the Project in accordance with the contract documents, or in accordance with recommendations contained in any correspondence or written recommendations issued by CONSULTANT. CONSULTANT is not authorized to revoke, alter, relax, gniarge or release any requirement of the' Project's $peclflcations or other contract documents, nor to approve or accept any portion re the work, unless specifically authorized 'in writing by CLIENT or his authorized representative_ CONSULTANT shall not have the right of rejection or the right to stop work, except :for sochz periods a$ may be required to conduct sampling, testing or inspection of operations covered by this Agreement_ CONSULTANT shall not be liable for damages resulting from the actions or inactions of any governmental agencies. Including but not limited to, permit 74-45 W, Lemhi St. • Boise, iD 83709 . (208) 376-4748 • Fax (208) 322-5515 E -Mail mtiOmti-id.com • www.mil-id.com NOV-01-2005 13:14 FROM: MATERIALS TASTING i. TD • s3989551 P.5/5 PAGE 0 5 of 5 'ii;l Data 1111/2D06 INSPECTION poi iu: "' limits®rvar2�pra9axd1�lgeoLecnnlce11D3 prvpOsaletlbaiae 9eoteetrpfeallm�ridiorf pubiia ❑ Endrronrnental Servica!s Cu Oeotechnitat Engineering D Construction Materials Test' o' ,processing, environmental impact reports, governmental building inspections, dedications, general plans and amendments thereto, zoning -matters-, annexations or consolidations• use or conditional use permits and/or building permits. Vill. C14ANGES IN 'SCOPE OF WORD. CLIENT, without invalidating this Agreement may order changes in the scope or character of services and/oi" work pgrfQrrned by CONSULTANT, either decreasing or increasing the amount of CONSULTANT'S work or services. All such -changes in the work and/or services performed by CONSULTANT shall be authorized by a written change order signed by CLIENT and shall ba' performed under the applicable terms and conditions of this Agreement. CONSULTANT shall not be obligated to perform any changes in the scope or character of the work and/or services until CONSULTANT is in receipt of a written change order signed by CLIE RT and signed by CONSULTANT indicating its agreement therewith. IX, LIMIT'AT'ION OF LIABILITY. Should MTI or any of its professional employees be found to have been negligent in the performance of its work, or to have made and breached any express or implied warranty, representation or contract, Client, all parties claiming through Client and all parties claiming to have in any way relied upon MTI's work, agree that the maximum aggregate amount of the liability of MTI, its officers, employees and agents shall be limited to $25,000.00 or the total amount of the fee paid to MTI under this Agreement or the limit of any optional, Client -purchased insurance, whichever amount is greater, X, COMOE~N$ATION FOR SERVICES: RENDERED. CLIENT recognizes that the estimate noted in Exhibit "A" (if provided) was obtained through a diligent evaluation of site plans offered, written or verbal communfcations from design group members, contract documents and scheduled discussions with the Owner, relevant subcontractors or the general contractor, CLIENT rvcvgnizes that the Geotechnical Industry, and the services rendered herein under this contract, are schedule driven and are as mandated by utility clearance entities, and scheduling ,and manning by sub -contractors) used, Should such Items, for example, additional charges for drilior`s servims for weekend work exceed that quoted within our proposal, CONSULTANT shall be entitled to additional compensation for services rendered. XL LIMITATION OF SERVICES PROVIDED, The services provided pursuant to this agreemont are intended solely for the use and benefit of thg CLIENT as noted above_ No other person or entity shall be entitled tU rely on the services, opinions, recommendatlons, plans, or specifications provided pursuant to this agreement without the expressed written consent of CONSULTANT_ XII'. INDEMNITY. CLIENT agrees to defend, indemnify, and hold CONSULTANT, its officers, directors, employees, agents and independent contractors harmless from any and all claims, suits or liability for personal injury, death, illness, property damage, damage to natural resourms. 'fine or penalty arising or alleged to have arisen out of performance of CONSULTANT'S work to the extent that such claims or -damages were due to the negligence of the CLIENT, except to the extent due to gross nagligenoe or intentionally wrongful conduct of CONSULTANT. CLIENT further agrees to compensate CONSULTANT for all costs, expenses and fees reasonably incurred in defending any such claim, including court costs and attorneys fees. In the event CLIENT shall bring any action against CONSULTANT, to the extent CONSULTANT prevails in such action, CLIENT shall provide the same compensation. Xlll_ PROVISIONS SEVERABLE. The unenforceability or invalidity of any provision or provisions hereof shall not render any other provision ,or provisions unenforceable or invalid. Nothing in the Agreement shall relieve any party from its responsibilities under law or contract. XIV, LOCATION OF AGREEMENT AND DURATION OF PROPOSAL- This agreement is governed by the laws of the State of Idako, and is entered into the County of Ada, City of Boiso. The attached Proposal shall remain valid and in effect for 180 days from the date written in below. This agreement contains the entire and integrated Agreement between CLIENT and CONSULTANT and supersedes all prior negotiations, 'representations or agreements, either written or oral. This agreement cannot be amended or modified except by a written Agreement, executed by each of the, parties hereto. This Agreement is covered by the laws of the state of Idaho. IN WITNESS WHEREOF. the Parties hereto have executed this Agreement as of the date and year fist above written, at Boise, Idaho. Consultant: Materials Tasting & Ins ion, I c. Name & Title, _ 1 Date: /F Z Client; Campany Name Name & Title; [date; 7446 W. Lamhi St. • Boise, IA 83709 • (208) 376-4748 • Fax(20B)322-6515 E -Mail mtiOrnti-id.com - www,mti-id.com MERIDIAN CITY COUNCIL MEETING November 9, 2005 APPLICANT ITEM NO. 5-D REQUEST Idaho Power Easement Aareement for the New K-9 Buiidina: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Easement Agreement Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Notarizing Easements The following are brief explanations and examples. Specific questions should be directed to your Notary. Note: The name of each individual who signs the easement must be listed separately in the notary block. Corporations A corporation must be registered with the Secretary of State in order to do business within the state. Generally, two or more of the corporation's officers (for example, the president and vice president, and some assistant vice presidents), authorized to sign on behalf of the company, sign the easement. The officers should sign as individuals, with their title listed next to their signature. The secretary, treasurer, or assigned party should witness the signatures. However, some corporations m ight have resolutions allowing one officer or manager to sign. This should be confirmed before accepting one signature. The corporation's sea] can be affixed next to the signatures, but is not required Individuals Parties having an interest in the property, either as owners, leasehold owners, or contract buyers (unless they are buying property through a corporation or LLC, then they sign the name of the organization and list their titles) should sign as individuals, using their full personal names, including middle initials (if normally used). If an individual purchases property and then changes his or her name, he or she should sign using the name of record, followed by the new name: Example: Sally Smith purchases Property A in 1991. Sally Smith marries Richard Jones in 1995 and changes her name to Sally Jones. Sally Jones grants an easement over Property A in 1997. Sally should sign the easement "Sally Jones Smith" or "Sally Smith Jones" (the order of last names is determined by the Grantor). A] I the owners of the property must sign the easement. Informal Partnership An informal partnership is not recorded with the State. An example would be a father and son-in-law (who have purchased property to fix and sell later). If their spouses are not involved in these partnerships, they need to add next to their name "sole and separate property." Example: Bill Jones, a married man, as his sole and separate property and Rick Wonder, a married man, as his sole and separate property Limited Liability Corporations (LLC) A LLC must be registered with the Secretary of State in order to do business within the state. LLCs are either member -managed (titles can include "current member" or "member") or manager -managed (titles can include "director," "member," "owner," etc.). Examples: David S. Jennett, President (or other officer) David S. Jennett, a current member David S. Jennett, a member Limited Liability Partnerships (LLP) A LLP must be registered with the Secretary of State in order to do business within the state. LLP is a variation of a partnership. Partnerships are either General or Limited. Examples: Jake Jones, a general partner Jake Jones, a limited partner Page 1 of 3 Limited Partnerships (LP) A Limited Partnership must be registered with the Secretary of State in order to do business within the state. LP is a variation of a partnership. Example: Jake Jones, a limited partner Municipality (City, County, Townships) Generally, at least two officials sign unless the municipality has hired a manager who is legally authorized to act on behalf of the municipality and who signs the easement. They should sign as individuals, with their title or position listed next to their signature. The municipality's clerk must witness the signatures. Partnerships A partnership must be registered with the Secretary of State in order to do business within the state. A partnership is composed of two or more persons having joint interest in the property. If the partnership is a General Partnership, any one of the partners may sign. If the partnership is a Limited Partnership, at least half of the total number of partners must sign. For example, if the Limited Partnership consists of four partners, two signatures are required. Partners sign as individuals, using their full personal name, followed by the phrase "a partner." Examples: Matthew S. Purdue, a general partner Matthew S. Purdue, a limited partner Matthew S. Purdue, an owner/partner Power of Attorney When someone presents a recorded Power of Attorney, he or she may sign for any individuals indicated in the recorded Power of Attorney document only. The person vested with the Power of Attorney should sign the property owner's name, followed by the Power of Attorney's name and the words "Power of Attorney." Example: Paul and .Elaine Pierce grant Power of Attorney to Nancy Ward via a recorded Power of Attorney document. If Nancy were to sign an easement across Pierce's property, she should sign it as follows: Paul Pierce Elaine Pierce By Nancy Ward, Power of Attorney The Power of Attorney must be recorded in the county where the property described in the easement is located. A copy of the recorded Power of Attorney should be attached to the easement. The County may refuse to record any documents if the Power of Attorney isn't recorded within that county. As a Notary, you can ask for proof of authorization to sign on behalf of the individual. Professional Association and Professional Corporations They purchase this designation from the state and must be registered with the Secretary of State in order to do business within the state. They are either member -managed (titles can include "current member" or "member") or manager -managed (titles can include "director," "member," "owner," etc.). Examples: David S. Jennett, President (or other officer) David S. Jennett, a current member David S. Jennett, a member Religious Organizations At least two members (for example, a board member or council member), legally authorized to grant property rights on behalf of the organization, should sign the easement. They should sign the easement as individuals, with their title or position within the organization listed next to their signature. If the religious organization is incorporated, the organization's seal can be affixed next to the signatures, but is not required. Page 2 of 3 School Districts At least two school board members, authorized to act on the school district's behalf, should sign the easement. They should sign as individuals, with their title listed next to their signature (for example, Chairman or Board Member). Trusts The Trustee named in the Trust should sign as an individual, followed by the word "Trustee" and the name of the Trust listed under his or her signature. Example; John Q. Smith, Trustee Smith Family Trust The Trust is generally kept by the person who set up the Trust, but copies or portions of copies are provided to banks, accountants, and attorneys. As a Notary, you can ask for proof of authorization to sign on behalf of the Trust. Page 3 of 3 ** TX CONF I RMF; ,-- ON REPORT *xc AS OF DEC 14 "'05 09:33 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 06_—_12/14 09.'32 3885907 EC --S 00'46" 001 254 OK WMIEasement Organization 3 EMR0 anmacvzPcamosnv (Underground) Meridian Police De artment � - a Corporation, Grantor(S) of (Use 1he legafty reglslered name of the organlzallon.) Ada County, SNIC of Idaho , does hereby grans and convey to IDAHO POWER COMPANY, a Corporation. with its principal office located is 1221 a Idaho ccIgclrftl. la per ldahn, n licensees, successors, mid assigns, Grantee, for One Dollar and other valuable cunsidcrations, receipt of which is hereby ackrsowlcdgcd, a permanent and perpetual easamcnt and right-of-way, sufficient in width to install and maintain: an underground clecu•ic power line and related facilities, including, but not limited TO, above -ground pad -mounted transformers, with the right to permit the use of cables and conduits orother parties (collectively, the "racilitic•.slI including the perpetual right u,f ingress and egress, at all reasonable times, to construes maintain, and repair the facilities over, through, under, and across said lands, together with the right, at the sole expense of Grantee, to cxcatatc and refill stitches and trenches for the location of the facilities, and the ti+rfhcr right to remove Irccs, hushes, end, flu+vcrs, shrubbery, and other obstructions and improvunents, interfering with the lucatiwt, construction, and mai+penance of the facilities, over, on, and across the following premises, belonging to the said C rantor(s} in Ada County, 91%ft of Idaho A strip of land ten feet wide, Flve feet either side of the centerline lying within in the o]Northealowing st 114 of Section 18. Township 3 [North, Range 1 East, Boise Meridian, Ada County, Idaho, said centerline being more particularly described as follows: Commencing at the Northeast corner of said Section 18I Thence South 19°05'27" West, a distance of 2014,15 feat to The TRUE POINT OF BEGINNING; Thence South 59°32'35" West, a distance of 13.48 feet to a poinl; Thence South 89°00'46" West, a distance of 152.97 feet to a point,, Thence South 00'43'29" East, a distance of 47.14 feet to The Point Of Terminus. Said electric line easement consists of a to wide linsar sement for underground electric lines and a larger easement for a padmounted transformer, the extent and location of which is shown o EXHIBIT"A" SH ET 2 attached hereto and by this reference incorporated herein. The fac"'lies generally will consist of buried power wires, above -ground pad -mounted transfurmcrs, junction boxes, cables and conduits, and other equipment, part ofwhich may/actcetd above gnn ro+a Fxecutcd and delivered this ?'� day of _%Y ye,/ ,, Work Order t#: 27212234 Signamre(s]+it•(;rn nclrrdelitle rrpp(�,yb} """'••.,;,• �w Ja STATE OF c 1 rLZG' Q, County of 1, the undersigned notary public, do hereby certify that on this day of ��( d/eiPt� c. -v Personally appeared bcforcme 11(/i?lGyrLtG(.1CF �•j !�!� Lf i! Y including ritle1afler �. I r,•�F7 L� r � r � -- (In fuidual's Name ca%chI name} who, bring by me first duly declturd they are resptclively the duly aor,ized persons of hey signed the foregoing document, and acknowledgctl to me that he she /they executed the same as the free' act and deed behalf eaid sem' a E{�r]o f", •�s�i.�Q'0 '�'�-art on o organizdo ,A lij•. Noltvy Public"` t� • r Seal) • + , • � )Zesidiag ai r • -�p o Raw OP& teYosf Refer to the attached she'e(•sforinsfrucUons an hose to notarize Commission a lees easements. CP R. IDAHO Easement--= .,ganization �J g 6 �� An WACORP Company (Underground) Meridian Police Department � A a Corporation, Grantor(s) of Ada County, (Use the legally registered name of the organization.) State of Idaho , does hereby grant and convey to IDA O POWER COMPANY, a Corporation, with its principal office located at 1221 W. Idaho Street, Boise, Idaho, its licensees, successors, and assigns, Grantee, for One Dollar and other valuable considerations, receipt of which is hereby acknowledged, a permanent and perpetual easement and right-of-way, sufficient in width to install and maintain: an underground electric power line and related facilities, including, but not limited to, above -ground pad -mounted transformers, with the right to permit the use of cables and conduits of other parties (collectively, the "facilities"), including the perpetual right of ingress and egress, at all reasonable times, to construct maintain, and repair the facilities over, through, under, and across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trenches for the location of the facilities, and the further right to remove trees, bushes, sod, flowers, shrubbery, and other obstructions and improvements, interfering with the location, construction, and maintenance of the facilities, over, on, and across the following premises, belonging to the said Grantor(s) in Ada County, State of_ Idaho in the following location, to -wit: A strip of land ten feet wide, five feet either side of the centerline lying within the Northeast 914 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said centerline being more particularly described as follows: Commencing at the Northeast corner of said Section 18; Thence South 19°05'27" West, a distance of 2014.15 feet to The TRUE POINT OF BEGINNING; Thence South 59°32'35" West, a distance of 13.48 feet to a point; Thence South 89°00'46" West, a distance of 952.97 feet to a point; Thence South 00°43'29" East, a distance of 47.14 feet to The Point Of Terminus. Said electric line easement consists of a to wide linear sement for underground electric lines and a larger easement for a padmounted transformer, the extent and location of which is shown o�EXHIBIT "A" SH ET 2 attached hereto and by this reference incorporated herein. The facilities generally will consist of buried power wires, above -ground pad -mounted transformers, junction boxes, cables and conduits, and other equipment, part of which may extend above groun . Executed and delivered this ZP57 day of 14.1-- 4t,� Work Order #: 27212234 Signature(s) of Gran nclrrde title —u*erx app�t- . `... •''+;,' f STATE OF eket- 4,C) Bpd, County of 1, the undersigned notary public, do hereby certify that on this �� ! �� day of i'� ir�i 'L�7 '�' , 20 personally appeared before me '� tl)1r ��� &/4 ("., r&r��G (Individual 's Name eachname)who, being by me first duly sworn, declared they are respectively the duly authorized persons of including title after Jl — ' 11 �— �� ty -) 2�t�6, vu (Organization Name), that he / she I they signed the foregoing document, and acknowledged to me that he / she / they executed the same as the free act and deed on behalf of said organizatio ®a ®O! ' �+ ►44V��o Notary Public C� �/atSeal}�® f L� i r r Residing at s a JJJ It ""' ® 0 0 tow M Commission expires eaw 002c (4105) Refer to the attached sheets for instructions on how to notarize easements. GP !. Easement-- ganiza ion An[DACORF Company (Underground) Meridian Police De agment a Corporation, Grantor(s) of Ada County, (Use the legally registered name of the organization.) ' State of Idaho does hereby grant and convey to IDAHO POWER COMPANY, a Corporation, with its principal office located at 1221 W. Idaho Street, Boise, Idaho, its licensees, successors, and assigns, Grantee, for One Dollar and other valuable considerations, receipt of which is hereby acknowledged, a permanent and perpetual easement and right-of-way, sufficient in width to install and maintain: an underground electric power line and related facilities, including, but not limited to, above -ground pad -mounted transformers, with the right to permit the use of cables and conduits of other parties (collectively, the "facilities"), including the perpetual right of ingress and egress, at all reasonable times, to construct, maintain, and repair the facilities over, through, under, and across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trenches for the location of the facilities, and the further right to remove trees, bushes, sod, flowers, shrubbery, and other obstructions and improvements, interfering with the location, construction, and maintenance of the facilities, over, on, and across the following premises, belonging to the said Grantor(s) in Ada County, State of_ Idaho in the following location, to -wit: A strip of land ten feet wide, five feet either side of the centerline lying within the Northeast 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said centerline being more particularly described as follows: Commencing at the Northeast corner of said Section 18; Thence South 19°0627" West, a distance of 2014.15 feet to The TRUE POINT OF BEGINNING; Thence South 59°32'35" West, a distance of 13.48 feet to a point; Thence South 89°00'46" West, a distance of 152.97 feet to a point; Thence South 00°43'29" East, a distance of 47.14 feet to The Point Of Terminus. Said electric line easement consists of a ten foot wide linear easement for underground electric lines and a larger easement for a padmounted transformer, the extent and location of which is shown on EXHIBIT "A" SHEET 2 attached hereto and by this reference incorporated herein. The facilities generally will consist of buried power wires, above -ground pad -mounted transformers, junction boxes, cables and conduits, and other equipment, part or which may extend above groun . Executed and delivered this 11� day of Nate!) 2,ap5— Work Order #: 27212234 Signaturc(s)ofGran r.5 uchidetitle re gpp��i�hbiet STATE OF �J Gt '( ,h/Li County of _ A A I, the undersigned notary public, do hereby certify that on this ' i'1 day of 'T"I 67V,?/17/(, % 20 OSr personally appeared before me Individual's Name including title after each name) who, being by me first duly sworn, declared 2 they are respectively the duly authorized persons of A" (� ` Lt' CC%� i' (Organization Name), that he I she l they signed the foregoing document, utd acknowledged to me that he / she / they executed the same as the free act and deed on behalf of. said organizatio Notary Public�,1�:—��..,, ar Beal) 0 f L�j�J� ,, % /j CPU �- l k a_ r 4 ® Residing at �t6y`. ®,� � ,• � @® .• 60 P a 00806 Commission expires .ow 002c (4105) Refer to the attached sheets for instructions on how to notarize easements. MERIDIAN POLICE DEPT --K-9 DOG KENNEL TRUE POINT OF > WT12 C2 RC1 W 1O BEGINNING r C1000 S En S C a I �e ] I WATERTOWER ST I i WT11 I ---------- I [ EASEMENT 10' WIDE 5' ON BOTH SIDES OF CENTER LINE ATT. MAPPERS ALL POINTS HAVE BEEN GPS'D ASPHALT WILL BE CUT DIG IN PRIMARY ON SOUTH SIDE OF CUT WATER WILL BE ON NORTH SIDE, IN SEPERATE TRENCHES POINT OF TERMINUS GRASS P #1 PD2 25 A --� 1-1�� 95% COMPACTION NEED TO CROSS UNDER UNDERGROUND CABLE NOTES #2 2 SIDEWALKS TION CABLE CABLE TRENCH CONDUIT CONDUIT SIZE LENGTH LENGTH SIZE LENGTH _ 1/0-A 22 215 2" 204 ATTN. CUSTOMER WILL TAKE CA OF ASPHALT AND SIDEWALKS Customer CITY OF MERIDIAN Nome: Section: 1 g Work Order Number: 27212234 Township: 03N T County: ADA Range: 01E Dote: 12/14/05 Meridian: BM EXHIBIT:" A" Idaho Power Company Exhibit Easement Map Form MATERIALS EXHIBIT «A" TESTING PAGE # 7 OF 5 �ep� Dace 111712DO5 NSPECTIO 11MTISERVER2LPROPOSAI, GEOTECHNIC a A005 PROPOSALMOOISE GEOTECHNICALWERIDIAN PUBLIC 0 Environmental Services ❑ Geotechnical Engineering ❑ ConStrLlCtion Materials TestingoRKs WATER alR LI BRAD WATSON, P.E. 1 E C � IV-V ! PHONE: $9$-5540 "r PUBLIC WORKS DIRECTOR Ya fi;r _ lFAX: 898-9551 MERIDIAN PUBLIC WORKS DEPT. ] el= ' t 0 t r"YT 660 E. WATERTOWER, SUITE 200 City of Mericlia-_,) MERIDIAN, ID 83642 Publ%r_ "Torlm Director Re: Subsurface Geotechnical Investigation Proposal for the Proposed Office/Shop Building, 2235 North West But Street, Meridian, Idaho Gen.tIemen: Materials Testing & Inspection would like to thank you for requesting a proposal from our firm to provide a geotechnical investigation and recommendations for this project. We appreciate the opportunity to submit the following proposal. The subsurface investigation will be conducted to provide information needed in the site development and design of the proposed project. The project is anticipated to consist of construction of an approximate 10,000 square foot, office/shop building, with associated parking. Drainage is expected to be directed to below grade seepage beds. Location and size of seepage beds are unknown at this time. Revisions may be required based on final design requirements. Based on discussions with the client, MTI understands that minimal site disturbance during the exploration phase is desired. Therefore, MTI proposes the use of soil borings rather than test pits. In accordance with your request and AIA document G602 requirements, our proposed subsurface exploration will include the following services: • Three soil borings will be advanced across the area of the proposed development. All data obtained shall be recorded in the field and referenced to boring numbers; soil shall be classified in the field logs in accordance with applicable ASTM standards and other standards, including, but not limited to, ASTM standard D2488, but the classification for final logs shall be based on field information, plus results of tests, plus further inspection of samples in the laboratory by the Geotechnical Engineer preparing the report; • A chart illustrating the soil classification criteria and the terminology and symbols used on the logs; • Identify the ASTM standards or other recognized standard sampling and test methods used; • Provide a plot plan giving approximate locations of borings; • Provide sampling method used, date of start and finish, surface elevations, description of soil and thickness of each, and, where applicable, groundwater elevation and time when water reading was made. Note of the location of strata containing organic materials, wet materials or other inconsistencies that might affect engineering conclusions; Description of the existing surface conditions and summarize the subsurface conditions; Provide appropriate subsurface profiles of rock or other bearing stratuun; Estimate potential variations in elevation and movements of subsurface water due to seasonal influence; Report all laboratory determinations of soil properties; t Recommendations of type or types of foundations which would be suitable for the proposed project and provision of data for use in foundation design and construction; Frost penetration problems will be addressed; Light and heavy duty pavement sections will also be provided. 7446 W, Lemhi St. • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti@mti-id.com • www.mti-id.com MATGRIALS EXHIBIT "All -fe EST® PAGE # 2 OF 5 pg �+ hate 431712065 Vii✓" ®���6C® 11MTIS£RVER2IPROPOSAL6IGEOTECriNIC AL106 PROPOSALSIBOISE GEOTECHNIGAI,WERl OIAN PUBLIC ❑ Environmental Services Ll Geotechnical Engineering C3 Construction Materials Testinw�oRKs O SR ecialRrMENT IlLoG N9ta4G Exploration and recommendations will be prepared under the supervision of a registered professional engineer and registered professional geologist. All field work will be performed by a geologist or qualified soils tec nician, be responsible ble fnorglrnvate utilities. services ilMTl willacted tott ben o iextelorationeral unttltility releas � lines, and �on-site personnel will be caner, as we can not be held responsible for the cost of replacement of utility services. All test pits will be backfilled at completion of our exploration, and surfaces will be left in a rough but relatively level condition. At that time, a cost can be determined, if these areas will require additional dressing. It is proposed that the cost of these services be invoiced based on the range of pricing listed below. A copy of our PROFESSIONAL SERVICES CONTRACT is enclosed herewith and incorporated into this proposal. HEDULE OF FEES AND SERVICES GEOTECHNICAL INVESTIGATION SERVICES Site Inspection and Crew Supervision, per hour $80.00 6.5 $520.00 Final Documentation and Report, per hour $80.00 12 $960.00 LABORATORY SERVICES Material Finer Than 75-µm (No. 200) Sieve in Mineral Aggregates by Washing (AASHTO T-1 1,T-27; ASTM C -I17) $55.00 2 $110.00 Liquid Limit, Plastic Limit and Plasticity index of Soils (ASTM D-4318, AASHTO T - 89,T -90) $70.00 2 $140.00 SOIL SAMPLING VIA BORINGS Drilling (per Coot) $17.00 45 $765.00 Sampling Costs $200.00 1 $200.00 Compressor, support truck, per diem $100.00 1 $100.00 Holeplug (for sealing of boring holes) $9.50 20 $190.00 Mob -Demob $150.00 l $150.00 MISCELLANEOUS SERVICES Senior Professional Fnpincer $100.00 1 $100-00 ESTIMATED PROJECT TOTALS: $3,235.00 MTI will proceed with the work on the basis of verbal authorization; however please sign and return one copy of this proposal. MTI anticipates issuing our findings and recommendations within ten working days from the ' structural en ineer and return provides wlth values used in tour deli n calculations. e Please consult the Geotechnical project st uPtulect Data SheetT samples sheet as soon as possible. MTI appreciates the opportunity to offer its services to you and looks forward to working with you on this project. If you have questions concerning this proposal, or if MTI can be of further assistance please call on us at (208) 376-4748. Respectfully Submitted, MATERIALS ES STING & IN P 610N, INC. Michael G. Woodworth, P, . Senior Geotechnical Engineer Attachments: Project Data Sheet 7446 W. Lemhi St. • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti@mti-id.com • www.mti-id.com 'T`MLS t EXHIBIT "All STING:l f AGE" # 3 OF 5 >. � - Date 111712005 11MTISERVE R2IPROPD SAL S kG EO TECHNIC A005 PR OPOSALM1301SE GEOTE C HN I CALLMER101AN PUBLIC WORKS - WATER DEPARTMENT BLDG © Environmental Services © Geotechnical Engineering ❑ Construction Materials Testing © Special IM-pAs un, PROTECT DATA SHEET GEOTECHNICAL INVESTIGATION SL RECOMMENDATIONS I . PROJECT NAME: _ 2. PROJECT LOCATION: 3. YOUR JOB NO: 4. PROJECT MANAGER: PURCHASE ORDER NO: TELEPHONE NO: 5. DISTRIBUTION OF REPORTS: ( ) COPIES TO: { } COPIES TO: ATTN: ATTN: ( ) COPIES TO: ( ) COPIES TO: ATTN: ATTN: 6. INVOICE ADDRESS: 7. PRESENT OWNER SITE CONTACT: ADDRESS: PHONE: 8. PLEASE PROVIDE THE FOLLOWING WHEN RETURNING THIS DATA SHEET: DESCRIPTION OF PROJECT: MAXIMUM WALL LOADS (KLF)? BASEMENT PLANNED? MAXIMUM ISOLATED COLUMN (KIPS)? MULTI STORY BUILDING? ON SITE DISPOSAL OF STORM WATER? PLANNED FINISHED FLOOR ELEVATION COMPARED TO EXISTING GRADE? PAVEMENT SECTION REQUIRED? 10 OR 20 YEAR DESIGN? DAILY TRUCK TRAFFIC? SEPARATE TRUCK ACCESS AREAS? KLF = KIPS PER LINEAR FEET; KIPS = KILO POUNDS (1,000 #) 7446 W. Lemhi St. + wise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti@mti-id.com • www.mti-id.com .ATERiALS TESTING & PAGE # 4 of 5 Date 91!712005 NSPEC` ION Doc ID: r 1lmliserver2lproposalslgeolechnical105 proposg2$ls�boise geolechnicallmeridlan public ❑ Environmental Services ❑ Geotechnical Engineering ❑ C©nstrLlCtl417 1VicltErialoo�eStjCl ter depa,rlrU� t b1eciarpllp5J095ion`s PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT is made and entered into effective this Monday, November 07 2005 by and between Meridian Public Works i]' ept. ("CLIENT") and MATERIALS TESTING & INSPECTION, INC. ("CONSULTANT") and is made with reference to the following facts and objectives: RECITALS: WHEREAS, 1 Perform a Geotechnical osed Office/Shop a/Shop Building, 2235North West 8th Street, Meridian, Idaho in accordance referred to as the "Project"),rroposal (Exhibit "A"1 for the Pro NOW, THEREFORE, in consideration of their mutual covenants, CLIENT and CONSULTANT herein agree, in respect of the performance of professional materials testing and construction inspection services by CONSULTANT and the payment for those services by CLIENT, as set forth below. Verbal authorization of work activities constitutes acceptance of this proposal. I. SCOPE OF SERVICE. The services to be performed by CONSULTANT under this Agreement are described in Exhibit "A" attached hereto, and incorporated herein by this reference as though fully set forth. Any estimated quantities contained in Exhibit "A" are estimates only and CLIENT agrees that CONSULTANT is entitled to payment for reasonable services rendered in excess of the estimated quantities and/or cost figures as described in Exhibit "A". II. PAYMENTS TO CONSULTANT. CLIENT shall pay CONSULTANT for the services rendered hereunder [n accordance with the fee and payment schedule attached hereto as Exhibit "A". Administrative and/or management time for report review and preparation, schedule changes, and other project related activities will be added to the inspector's/technician's time. CONSULTANT shall submit monthly statements for services rendered and for reimbursable expenses incurred. All monthly statements submitted to CLIENT shall be due and payable at the time of the billing unless otherwise specified in this Agreement. If CLIENT fails to pay CONSULTANT within thirty (30) days after receipt of monthly statements for services rendered and for reimbursable expenses incurred, CLIENT agrees to pay one percent (11%) interest per month until the monthly statements are paid in full. CLIENT further agrees that nonpayment of monthly statements beyond a seventy-five (75) day period constitutes a material breech of this Agreement with the exception of reasonably disputed amounts that upon written notice from CONSULTANT, the duty, obligations and responsibilities of CONSULTANT under this Agreement are terminated. In such event CLIENT shall promptly pay CONSULTANT for al[ fees, charges and services as outlined in Exhibit "A" provided by CONSULTANT up to the date of termination. III. SERVICES. CONSULTANT will act for CLIENT in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of the professional practicing in the same or similar locality of the Project site. CONSULTANT makes no warranty, either expressed or implied, as to its findings, recommendations, specifications or professional advice. CONSULTANT will provide only those services that, in the option of CONSULTANT, lie within the technical and professional areas of expertise of CONSULTANT as set forth in Exhibit "A" and which CONSULTANT is adequately staffed and equipped to perform. CLIENT shall request in writing if CLIENT desires CONSULTANT to provide services outside of the scope of services described in Exhibit "A", attached hereto. CONSULTANT shall advise CLIENT in writing of any services that lie outside the technical and professional expertise of CONSULTANT. IV. SAMPLE DISPOSAL. Unless otherwise agreed to in writing, samples removed from Project site by Consultant to its laboratory will, upon completion of testing, be disposed by CONSULTANT. CLIENT further agrees the cost for disposal of Hazardous Materials to include the characterization costs shall be borne by CLIENT. V. CLIENT'S RESPONSIBILITIES. CLIENT or CLIENT'S authorized representatives will provide CONSULTANT with all revised and updated plans, specifications, addenda, change orders, approved shop drawings and any other information for the proper performance of CONSULTANT pursuant to this Agreement. CONSULTANT shall not be responsible for any errors and/or omissions in the performance of CONSULTANT'S work or services rendered resulting from CLIENT'S failure to provide CONSULTANT with revised and updated plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of CONSULTANT. (CLIENT will arrange and provide access to each area in which it will be necessary for CONSULTANT to perform its work, and CONSULTANT will not begin exploration until released by the owner, as CONSULTANT can not be held responsible for the cost of replacement of utility services). Vl. INSURANCE. CONSULTANT shall secure and maintain throughout the full period of this Agreement sufficient insurance to protect it adequately from claims under applicable Workmen's Compensation Acts and from claims for bodily injury, death or property damage as may arise from the performance of services under this Agreement. In addition, CONSULTANT shall secure and maintain throughout the full period of Agreement sufficient Professional Liability insurance to protect it adequately from claims arising from errors or omissions resulting from Professional Services. VII, EXEMPTIONS OF CONSULTANT'S RESPONSIBILITIES. CONSULTANT shall not be responsible for acts and/or omissions of any party or parties involved in the design of the Project or the failure of any Contractor or Subcontractor to construct any aspect of the Project in accordance with the contract documents, or in accordance with recommendations contained in any correspondence or written recommendations issued by CONSULTANT. CONSULTANT is not authorized to revoke, alter, relax, enlarge or release any requirement of the Project's specifications or other contract documents, nor to approve or accept any portion of the work, unless specifically authorized in writing by CLIENT or his authorized representative. CONSULTANT shall not have the right of rejection or the right to stop work, except for such periods as may be required to conduct sampling, testing, or inspection of operations covered by this Agreement. CONSULTANT shall not be liable for damages resulting from the actions or inactions of any governmental agencies, including but not limited to, permit 7446 W. Lemhj St. • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti@mti-id.com • www.mti-id.com MATGRIALS TIESTING & PAGE # 5 of 5 Data 111712005 NSPIlECT'N oc ID: 1lmtiserver2lproposalslgeotechDicaltOS proposalslboise geotechnical meridian public U Environmental Services © Geotechnical Engineering U Construction Materiais°festingater depa8T t b�cd�gllls1095.doc pecljons processing, environmental impact reports, governmental building inspections, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits and/or building permits. Vill. CHANGES IN SCOPE OF WORK. CLIENT, without invalidating this Agreement may order changes in the scope or character of services and/or work performed by CONSULTANT, either decreasing or increasing the amount of CONSULTANT'S work or services. All such changes in the work and/or services performed by CONSULTANT shall be authorized by a written change order signed by CLIENT and shall be performed under the applicable terms and conditions of this Agreement. CONSULTANT shall not be obligated to perform any changes in the scope or character of the work and/or services until CONSULTANT is in receipt of a written change order signed by CLIENT and signed by CONSULTANT indicating its agreement therewith. IX. LIMITATION OF LIABILITY. Should MTI or any of its professional employees be found to have been negligent in the performance of its work, or to have made and breached any express or implied warranty, representation or contract, Client, all partes claiming through Client and all parties claiming to have in any way relied upon MTI's work, agree that the maximum aggregate amount of the liability of MTI, its officers, employees and agents shall be limited to $25,000.00 or the total amount of the fee paid to MTI under this Agreement or the limit of any optional, Client -purchased insurance, whichever amount is greater. X. COMPENSATION FOR SERVICES RENDERED. CLIENT recognizes that the estimate noted in Exhibit "A" (if provided) was obtained through a diligent evaluation of site plans offered, written or verbal communications from design group members, contract documents and scheduled discussions with the Owner, relevant subcontractors or the general contractor. CLIENT recognizes that the Geotechnical industry, and the services rendered herein under this contract, are schedule driven and are as mandated by utility clearance entities, and scheduling and manning by sub-contractor(s) used. Should such items, for example, additional charges for drillers services for weekend work exceed that quoted within our proposal, CONSULTANT shall be entitled to additional compensation for services rendered. XI. LIMITATION OF SERVICES PROVIDED. The services provided pursuant to this agreement are intended solely for the use and benefit of the CLIENT as noted above. No other person or entity shall be entitled to rely on the services, opinions, recommendations, plans, or specifications provided pursuant to this agreement without the expressed written consent of CONSULTANT. XII. INDEMNITY. CLIENT agrees to defend, indemnify, and hold CONSULTANT, its officers, directors, employees, agents and independent contractors harmless from any and all claims, suits or liability for personal injury, death, illness, property damage, damage to natural resources, fine or penalty arising or alleged to have arisen out of performance of CONSULTANT'S work to the extent that such claims or damages were due to the negligence of the CLIENT, except to the extent due to gross negligence or intentionally wrongful conduct of CONSULTANT. CLIENT further agrees to compensate CONSULTANT for all costs, expenses and fees reasonably incurred in defending any such claim, including court costs and attorney's fees. In the event CLIENT shall bring any action against CONSULTANT, to the extent CONSULTANT prevails in such action, CLIENT shall provide the same compensation. XIII. PROVISIONS SEVERABLE. The unenforceability or invalidity of any provision or provisions hereof shall not render any other provision or provisions unenforceable or invalid. Nothing in the Agreement shall relieve any party from its responsibilities under law or contract. XIV. LOCATION OF AGREEMENT AND DURATION OF PROPOSAL. This agreement is governed by the laws of the State of Idaho, and is entered into the County of Ada, City of Boise. The attached Proposal shall remain valid and in effect for 180 days from the date written in below. This agreement contains the entire and integrated Agreement between CLIENT and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement cannot be amended or modified except by a written Agreement, executed by each of the parties hereto. This Agreement is covered by the laws or the state of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written, at Boise, Idaho. Consultant: Materials Testing & Insp ti , I Name & Title: '0 Date: y/. Client: f •� C�tC��ri�vfIkiIi, Company Name`>Y` '�`°f.• ` ••i Name &Title. � ;• �' >, Z' yi Date: o._J 64 U va6� � _Q �f,'�7f!/!l117l1i t9i8td�4��```y`a 7446 W. Lemhi St. * Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti@mti-id.com o www.mti-id.com MERIDIAN CITY COUNCIL MEETING November 9, 2005 APPLICANT ITEM NO. 5-E REQUEST Approve the Water Main Easement for Pioneer Building #2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY• HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Staff Initials: Materials presented of public meetings shalt become property of the City of Meridian. COMMENTS See attached easement Date: Phone: City of Meridian Public Works Dept. To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 10/31/2005 Re: Proposed Agenda Items for 1118105 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 1118105 City Council agenda, on the Consent Agenda, for Council's consideration: 1 } Water Main Easement for Pioneer Building #2. Typical Water Main Easement. Recommender[ Council Action: Approve the Water Main Easement for Pioneer Building #2 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this 27 day of October , 20 05 between Pioneer Meridian Group, LLC., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, main and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way ight-ofway and easement hereby granted shall become part of, or lie within the boundaries of any public Water Service Easement page I PIONEER- EASMT-WTR.doc street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land., and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first parthave hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Pioneer Meridian Group, LLC by Managing Member Pioneer Title Company of Ada County Tim Bundgard, President STATE OF IDAHO) ) ss County of Ada) On this 4L / day of O&Obu— , 20 before me, the undersigned, a Notary Public in and for said State, personally appeared Tim BundgEd ,known or identified to me to be the President, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. N DEN=FF Z NOTARY P LIC FOR IDAHO ll� %�- Residing at f. ,t �/�° � � lJ f f llo, Commission' Expires: Residing 1n, Meddian, iddaho GRANTEE: CITY OF MERIDIAN Cbrrim'sslon IFVires: 08.08.2010 Tammy de Weerd, Mayor Water Service Easement Page 2 PIONEER- EASMT-WTR.doc Attest by William G. Berg, City Clerk Approved By City Council On: Water Service Easement Page 3 PIONEER- EASMT-WTR.doc STATE OF IDAHO, County of Ada On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: TEALEY'S LAND 2501 Bogus Basin Rd. • Boise, Idaho 83702 SURVEYING (208) 385-0636 111 =111111 Fax (208) 385-0696 Project No.: 2766-2 Date: October 25, 2005 EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN WATERLINE EASEMENT FOR PIONEER BUILDING 2 A parcel of land being a portion of Parcel "J -2n as shown on Record of Survey No. 6646, on file under Instrument No. 104126353 in the Office of the Ada County Recorder and situated in the NW 1/4 of Section 21. T.3N., RAE-, B'.M-, Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the Southwest corner of said Parcel "J-2"; thence along the West line of said Parcel "J-2" North 00014'50" East 248.77 feet to the POINT OF BEGINNING; thence continuing North 00°14'50" East 20.00 feet to apoint; thence leaving said West line at right angles South 89°45'1" East 65.09feet to a point; thence at right angles South 00°14'50" West'63.59 feet to a point; thence South 89°51'40" East 179.34 feet to a point thence at right angles North 00°08'20" East '15.09 feet to a' point; thence at right angles South 89°51'40' East 20:00 feet to a point; thence at right angles South 00°08'20" West 15.00 feet to a point; thence at right angles South 89°51'40" East 8.04 feet to a point; thence at right angles North 00°08'20" East 8.40 feet to a point; thence at 'right angles South 89°51'40" East 20.00 feet to a point; thence at right angles South 0000.8'20" West 8.00 feet to a point; thence at right angles South 89°51'40" East 14.14 feet to a point on the East line of said Parcel "J- 2"; thence along said East line of Parcel "J-2"' South 00*14'50" Vilest 20.00 feet to a point; thence' leaving said East line North 8951'40" West 39.87 feet to' a point; thence at right angles South 00'08'20" West 32.00 feet. to a point; thence at right angles North 89°5140" Vilest 20.00 feet to a point; thence at right angles North 0000820 East 32.00 feet to a point; thence at right angles North 89°51'40" West 201.65 feet to a point; thence North 00°14'50" East 63.63 feet to a point; thence 'at right angles North 89°45'10" Vilest 45.09 feet to the POINT OF BEGINNING: 4 3 4 7Said Parcel Contains 8,504 Square Feet, more or less. PA, A. 2766-2-Water-ease.dcc -dnm MERIDIAN CITY COUNCIL MEETING APPLICANT November 9, 2005 ITEM NO. 6-A-1 REQUEST Re -Organization Items for Police Department AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. m m ®V - 9 2005 U co City of Meridian o City Clerk Office >>? 7U N C ES7 �ia� 00000 0 �o U m w c OC U a� m N O Z (J) a� m to U) U) LU Us U 'CL D (.0o J ❑ ❑ ❑ ❑ ❑ ❑ ❑ Z o N C3 U` ¢ o v -0E (D C C O Ui O co 0 e d O u7 'Lu, N ,J N Q) Q� Q d C te0 U U U 0 O {/} U) r+ O b O U U N U C (n Q E'er U w m m EE O UUUUU U U U U Q Q U CJ 4- d .0 O U d @ U U U U U CLU E EE EE E EE 0 0 0 0 0 a� fC a ^J CL E N Cu a 41 LO U U U U U °" 4) 000000 @ � U a� 0 U U U U U_ U_ E U_ U U_ _U N 0 E Cl- k tF 000000 ,0000000 � D � _U tF _U t U_ _U U U U U U U (D O U U U U 000000 ,� ,000 000 Police Department Organizational Change Proposal — Wages and Positions DRAFT Wage adjustments (savings) for FY 2006 to date: W. Fuchs - from $62,858 to $51,231 = $11,627 J. Overton — from $71,781 to $ 69,498 = $2,288 2 month savings on 2 entry level patrol positions = $12,836 (start in December) Approx $17,000 remaining in wage allocation after step adjustments and bonuses. Overall total = $43,751 Proposed wa e changes for FY 2006: Staff Sergeant (new position from existing Sgts.) = 1,800 increase to current wage ($28.21 to $29.06/hr) Sergeant (replacement position for Fuchs) = $2,200 estimated increase to wage ($25.78 to $26.79) Cpl. promotion (results from Sgt. promotion) = $1,000 estimated increase ($24.63 to $25.09) only small increase of 1.86% because of step adjustments already in place. Cpl. assigned to Code Enforcement as temporary supervisor — bonus for assignment period - $1,610 (3%). Overall wage adjustments= $6,610. Additional impacts to FICA, WC, PERSI, etc... should already be covered within the adjusted wages on Fuchs and Overton — estimated at $3,000 or less overall. Fiscal impact to current budget is negligible as the wage adjustment savings more than cover the needed adjustment increases. DRAFT DRAFT DRAFT MEMORANDUM TO: MAYOR AND COUNCIL RECEMD FROM: ANNA BORCHERS CANNING, AICP PLANNING DIRECTOR NOV — 9 2005 DATE: NOVEMBER 9, 2005 City of Meridian RE: COMPREHENSIVE PLAN AMENDMENTS City Clerk Office The Planning and Zoning Commission has recommended approval to City Council of four comprehensive Plan amendments. The purpose of this memo is to discuss hearing dates for those items. Downtown Design Guidelines CPA -05-003: The Council has been kept informed on the progress and content of this project, so we anticipate that you will not want a workshop. Also, there was not public testimony at the Planning and Zoning Commission hearing. Therefore, Staff recommends that the Council hear this item on their December G, 2005 agenda. This item can be heard at any time; staff would just like to get it completed. North Meridian Area CPA -05-004: Council expressed a desire to have a workshop, and staff concurs this would be appropriate. Staff recommends that the Council conduct a workshop in November 2005 and a public hearing on December 20, 2005. if Mr. Borton were present at the workshop, this public hearing could be deferred to the first hearing date in January, which will be January 1.0, 2006. Conger Comp Plan Map Amendment CPA -5-002: The Planning and Zoning Commission has recommended approval of this application, but only with an accompanying application for annexation and zoning and specific development plans (preliminary plat and/or conditional use permit) that substantially comply with the concept plan that the applicant provided to the Commission. L the Council chooses to honor this recommendation. Staff recommends that the Council take action toni ht to de er schedulin this item ora arblic hearin and review this matter no later than Fehnga 7 2006. CITY OF ivIERIDIAN PLANNING AND ZONING DEPARTMENT 660 E. WATERTOWER ROAD MERIDIAN, ID 83642 The purpose of the three month delay is to give the applicant sufficient time to submit the applications as recommended by the Planning and Zoning Commission. On February 7, 2006, the Council would set a date for the public hearing. The applicant will not be in favor of this process. They want the Council to give their approval to the Comprehensive Plan Amendment before they go to the expense of preparing annexation and development applications. However, this is clearly not what the Planning and Zoning Commission recommended. I have attached excerpts from the Planning and Commission hearings that provide detail on the motions for both the Conger and the Alliance (see following) proposals. The Council may also reject the recommendation of the Planning and Zoning Commission and schedule this matter for hearing. That could be before the end of the year or afterwards at your direction. South Eagle & Victory Road Property Owner's Alliance CPA -05-001: The Planning and Zoning Commission has recommended approval of this application, but requests that City Council hold action on the amendment until the applicants can make an annexation application with a concept plan and/or specific development plan (see attached motion by Commissioner Newton- Huckabay). Staff recommends that the Council take action ton& ht to de er scbedulinZ this item or a Public hearing and review this matter no ,later than Februaa 7 2006. The applicant is in favor of this action. The Council may also reject the recommendation of the Planning and Zoning Commission and schedule this matter for hearing. That could be before the end of the year or afterwards at your direction. Conger/Woodbridge CPA — PZ Motion 10/17105 Borup: Yes. So, two of the things I thought was a concern — I mean traffic was a concern. It looks to me like of all the traffic scenarios, this one is the least detrimental effect. I know everyone's always worried about the worst case and what's going to happen. Over the last eight years since I have seen this so many times and I have never seen the scenarios happen that people present at these meetings. Not saying it won't some day, it just hasn't happened yet. And with a lot more intensity developments than this. It's never come about. The other thing I think is in an influence to me is that they are single ownership, individual lot ownership, it's not like an apartment complex. So, that being said, I move to recommend approval to City Council of file number CPA -002, as presented the, staff report for the hearing date — that still would change; _ right? Canning: It's just a staff report for the hearing date and there has only been one staff report prepared for use, so -- Borup: All right. Okay. The staff report prepared for the hearing date of September 22nd. It was changed to October 17th. End of motion. Newton-Huckabay: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? We have two in favor and one opposed. That motion carries. MOTION CARRIED: TWO AYES. ONE NAY. TWO ABSENT. Staff Re ort Recommendation as referenced in motion "Staff is in support of the conceptual development plan submitted by the applicant, and supports the Comprehensive Plan Amendment provided that the development of the property substantially complies with the submitted conceptual plan. Staff is recommending approval of the Comprehensive Plan Amendment for the reasons outlined in this report, provided that an _Annexation/Rezone application „,eguesting an R-15 (Medium High -Density Residential) zone, r, substantially complies with the conceptual plan attached to this report, submitted proposal approval _ an al which _,. for . by City, Council." Eagle/Victory Alliance CPA — PZ Motion 10/17/05 Discussion Leading to Motion Zaremba: Well, again, the only way to really make that happen is to attach it to an annexation request and if we take the suggestion and do the same thing we did previous, move it forward to City Council, but ask them to hold it until the other applications have come through -- Newton-Huckabay: And I might recommend, maybe, that the developer get together with the neighborhood again, show them, you know, what you're planning on doing, and meeting with them and listen to those folks who didn't get an opportunity to get a notification, because they were outside of that, maybe you can come to some compromises that works for -- you know, that works for everybody. Because, obviously, for you to -- we have seen it time and time again and 1 have not been a Planning and Zoning Commissioner for very many years, thank goodness, but a lot of time these pieces of property like this can come in and you see these small little pieces and it's very very hard to make good planning decisions, because you're making decisions independent of what could be a big picture for folks. Zaremba: I would make a comment that I think that's probably a good idea. Once the applicant and the owners of the properties involved have an idea that this might be possible, then, I'm sure they are more willing to spend the money it costs to make the drawing that they can show to people. I mean why would you do that if you don't know you can do that with your property and if we are signaling to them that we would be open to the things that they have described, then, I think it's probably worth their while to put it on paper and have another neighborhood meeting and show it around. I would suggest to those who felt they did not get notified, if you give your name and address to Mr. Forrey, even if you're outside of the legal notice zone, I think he probably would invite you to such a meeting. I see him nodding his head. And I think that would be helpful. My personal feeling is I would be willing to see this kind of a project move forward, as has been described. Motion Newton-Huckabay: Okay. Mr. Chair, I recommend approval of CPA 05-009, request to amend the future land use map of the Comprehensive Plan for approximately 50 acres from medium and low density residential to mixed use community by the South Eagle _._Road ,and Victory Road Property Owners Alliance land at or near the northeast and southeast corners of South Eagle Road and Victory Road and we would like to request that City Council hold action on this CPA until the applicants can make an annexation application and it will catch up with this, which would, then, bind them to the development guideline principles that they put forth in their presentation and we are also asking them to organize another neighborhood meeting with the folks to the west in Thousand Springs -- Borup: Sutherland Farms. Zaremba: The surrounding area. Newton-Huckabay: And east at Sutherland Farms and the surrounding areas. Anything else? End of motion. MEMORANDUM TO: MAYOR AND COUNCII. IMCEMD FROM: ANNA BORCHERS CANNING, AIC PLANNING DIRECTOR® - o DATE: NOVEMBER 9, 2005 MtY of M ETi d i RE: COMPREHENSIVE PLAN AMENDMENTS City Clem otf-s , The Planning and Zoning Commission has recommended approval to City Council of four comprehensive Plan amendments. The purpose of this memo is to discuss hearing dates for those items. Downtown Design Guidelines CPA --05-003: The Council has been kept informed on the progress and content of this project, so we anticipate that you will not want a workshop. Also, there was not public testimony at the Planning and Zoning Commission hearing. Therefore, Staff recommends that the Council hear this item on their December 6, 2005 agenda. This item can be heard at any time; staff would just like to get it completed. S/La&,. � 41iYk wd? 13, North Meridian Area CPA -05-004: Council expressed a desire to have a workshop, and staff concurs this would be appropriate. Staff recommends that the Council conduct a workshop in November 2005 and a public hearing on December 20, 2005. If Mr. Borton were present at the workshop, this public hearing could be deferred to the first hearing date in January, which will be January 1.0, 2006. fib,,as p .rte- d+– '6"00 A-. 0-'� G• Conger Comp Plan Map Amendment CPA -5-002: The Planning and Zoning Commission has recommended approval of this application, but only with an accompanying application for annexation and zoning and specific development plans (preliminary plat and/or conditional use permit) that substantially comply with the concept plan that the applicant provided to the Commission. 0/h 2– 2 -di if the Council chooses to honor this recommendation, Staff recommends that the Council take action toEiZbt to deLer schedislin this item ora arblic hearin and review this matter no later than Febrl�a 7 2006. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT 660 E. WATERTOWER ROAD MERIDIAN, ID 83642 The purpose of the three month delay is to give the applicant sufficient time to submit the applications as recommended by the Planning and Zoning Commission. On February 7, 2006, the Council would set a date for the public hearing. The applicant will not be in favor of this process. They want the Council to give their approval to the Comprehensive Plan Amendment before they go to the expense of preparing annexation and development applications. However, this is clearly not what the Planning and Zoning Commission recommended. I have attached excerpts from the Planning and Commission hearings that provide detail on the motions for both the Conger and the Alliance (see following) proposals. The Council may also reject the recommendation of the Planning and Zoning Commission and schedule this matter for hearing. That could be before the end of the year or afterwards at your direction. %• South Eagle & Victory Road Property Owner's Alliance CPA -05-001: The Planning and Zoning Commission has recommended approval of this application, but requests that City Council hold action on the amendment until the applicants can make an annexation application with a concept plan and/or specific development plan (see attached motion by Commissioner Newton- Huckabay). 101h blame. Laff recommends that the Council take action toni ht to defer scbedglinZ this item or a uhlic hearine and review this matter no later than February 7 2006. The applicant is in favor of this action. The Council may also reject the recommendation of the Planning and Zoning Commission and schedule this matter for hearing. That could be before the end of the year or afterwards at your direction. CongerMloodbridge CPA — PZ Motion 10117/05 Borup: Yes. So, two of the things I thought was a concern -- I mean traffic was a concern. It looks to me like of all the traffic scenarios, this one is the least detrimental effect. I know everyone's always worried about the worst case and what's going to happen. Over the last eight years since I have seen this so many times and I have never seen the scenarios happen that people present at these meetings. Not saying it won't some day, it just hasn't happened yet. And with a lot more intensity developments than this. It's never come about. The other thing I think is in an influence to me is that they are single ownership, individual lot ownership, it's not like an apartment complex. So, that being said, I move to recommend_ approval to City Council of file number CPA 05-002 as presented in the staff re ort for the hearing date — that still would change; right? Canning: It's just a staff report for the hearing date and there has only been one staff report prepared for use, so -- Borup: All right. Okay. The staff report prepared for the hearing date of September 22nd. It was changed to October 17th. End of motion. Newton-Huckabay: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? We have two in favor and one opposed. That motion carries. MOTION CARRIED: TWO AYES. ONE NAY. TWO ABSENT. Staff Report Recommendation (as referenced in motion) "Staff is in support of the conceptual development plan submitted by the applicant, and supports the Comprehensive Plan Amendment provided that the development of the property substantially complies with the submitted conceptual plan. Staff is recommending approval of the Comprehensive Plan Amendment for the reasons outlined in this report, provided that an Annexatian/Rezone_appfcation requesting an R-15 (Medium High -Density Residential) zone, and an accompanying development proposal which substantiallyplies ,with the conceptual Ian attached to this report, is submitted for concurrent agpLoval by- City Council." EagleNictory Alliance CPA — PZ Motion 1019 7105 Discussion Leading to Motion Zaremba: Well, again, the only way to really make that happen is to attach it to an annexation request and if we take the suggestion and do the same thing we did previous, move it forward to City Council, but ask them to hold it until the other applications have come through -- Newton-Huckabay: And I might recommend, maybe, that the developer get together with the neighborhood again, show them, you know, what you're planning on doing, and meeting with them and listen to those folks who didn't get an opportunity to get a notification, because they were outside of that, maybe you can come to some compromises that works for -- you know, that works for everybody. Because, obviously, for you to -- we have seen it time and time again and 1 have not been a Planning and Zoning Commissioner for very many years, thank goodness, but a lot of time these pieces of property like this can come in and you see these small little pieces and it's very very hard to make good planning decisions, because you're making decisions independent of what could be a big picture for folks. Zaremba: I would make a comment that 1 think that's probably a good idea. Once the applicant and the owners of the properties involved have an idea that this might be possible, then, I'm sure they are mare willing to spend the money it costs to make the drawing that they can show to people. I mean why would you do that if you don't know you can do that with your property and if we are signaling to them that we would be open to the things that they have described, then, i think it's probably worth their while to put it on paper and have another neighborhood meeting and show it around. I would suggest to those who felt they did not get notified, if you give your name and address to Mr. Forrey, even if you're outside of the legal notice zone, I think he probably would invite you to such a meeting. I see him nodding his head. And I think that would be helpful. My personal feeling is I would be willing to see this kind of a project move forward, as has been described. Motion Newton-Huckabay: Okay. Mr. Chair, I recommend approval of CPA 05-001, request to amend the future land use map of the Comprehensive Plan for approximately 50 acres from medium and low density residential to mixed use community by the South Eagle _ _ _ , _ _ .Road. and Victory Road Property Owners Alliance land at or near the northeast and southeast corners of South Eagle Road and Victory Road and we would like to request that Citv Council hold action on this CPA until theapplicants can make an annexation application_ and it will catch up with this, which would, then, bind them to the development guideline principles that they put forth in their presentation and we are also asking them to organize another neighborhood meeting with the folks to the west in Thousand Springs -- Borup: Sutherland Farms. Zaremba: The surrounding area. Newton-Huckabay: And east at Sutherland Farms and the surrounding areas. Anything else? End of motion. In the Matter of Annexation and Zoning of 312.67 Acres to C -G (35.1.9 Acres), L -O (19.27 Acres), and R-4 (258.21. Acres) AND Conditional Use Permit Approval for a Mixed -Use Planned Development Including Commercial, Office and Residential Uses and Amenities Including Tot Lot Play Areas, Pathways, and Useable Open Space AND Preliminary Plat Approval for 613 Lots Including 540 Detached Single -Family Lots, 9 Commercial Lots, 11 Office Lots and 51 Common Lots on 232.32 acres AND Preliminary Plat Approval for 227 Lots Including 134 Detached Single -Family Lots, 54 Attached Single -Fancily Lots, 13 Commercial Lots, 4 Office Lots and 21 Common Lots on 80.36 Acres, for Volterra Subdivision and Volterra Subdivision South, by Primeland Development. Case No(s). AZ -05-040, CUP -05-041, PP -05-039 and PP -05-040 For the City Council Hearing Date of: November 9, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 9, 2005 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 9, 2005 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 9, 2005 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 9, 2005 incorporated by reference) B. Conclusions of Law I . The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-040, CUP -05-041, PP -05-039, PP -05-040 - PAGE I of 5 DEC 12 2005 Citf fidian ,y C4 Oen CITY OF MERIDIAN ". l" FINDINGS OF FACT, CONCLUSIONS OF LAW AND is,irc.r� DECISION & ORDER,,.�,� ' In the Matter of Annexation and Zoning of 312.67 Acres to C -G (35.1.9 Acres), L -O (19.27 Acres), and R-4 (258.21. Acres) AND Conditional Use Permit Approval for a Mixed -Use Planned Development Including Commercial, Office and Residential Uses and Amenities Including Tot Lot Play Areas, Pathways, and Useable Open Space AND Preliminary Plat Approval for 613 Lots Including 540 Detached Single -Family Lots, 9 Commercial Lots, 11 Office Lots and 51 Common Lots on 232.32 acres AND Preliminary Plat Approval for 227 Lots Including 134 Detached Single -Family Lots, 54 Attached Single -Fancily Lots, 13 Commercial Lots, 4 Office Lots and 21 Common Lots on 80.36 Acres, for Volterra Subdivision and Volterra Subdivision South, by Primeland Development. Case No(s). AZ -05-040, CUP -05-041, PP -05-039 and PP -05-040 For the City Council Hearing Date of: November 9, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 9, 2005 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 9, 2005 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 9, 2005 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 9, 2005 incorporated by reference) B. Conclusions of Law I . The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-040, CUP -05-041, PP -05-039, PP -05-040 - PAGE I of 5 Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I 1-5A. 4. Due consideration has been given to the comment(s) received from the goverrnnental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Site Plan, Volterra Preliminary Plat, Volterra South Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of November 9, 2005 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such rcquireznents as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I I -5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary PIat as evidenced by having submitted the Preliminary Plat dated July 21, 2005 is hereby conditionally approved; 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 13, 2005 is hereby conditionally approved; 3. The applicant's Site Plan as evidenced by having submitted the Site Plan dated June 27, 2005 is hereby conditionally approved; and, 4. The following modifications to site specific conditions were made at the City Council hearing: a. Conditions 1.1.9 and 1.1.8.B in Exhibit B of the Staff Report were modified to allow 4 -foot solid fencing, with 2 -feet of lattice on top, to be constructed adjacent to internal common lots and micro -paths. b. Condition 1.1.3B in Exhibit B of the Staff Report was modified to require a pedestrian connection, not a vehicular connection, into this site from Upriver Drive in Drawbridge Subdivision. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-040, CUP -05-041, PP -05-039, PP -05-040 - PAGE 2 of 5 Added Condition 1.1.13B to Exhibit B of the Staff Report which requires the applicant to provide a stub street to the 5 -acre parcel (Parcel ##SO434142354) from Lesina Drive. Condition 1.3.3, in Exhibit B of the Staff Report regarding open space, shall be modified from the original proposal of 26 -acres to reflect the new calculations that the applicant provided at the hearing; 24.4 acres (13.9 acres for Volterra North and 10.5 acres for Volterra South.) Added Condition 1.3.5 to Exhibit B of the Staff Report which requires the applicant to provide grass and other landscaping within the Wliite Drain casement, as allowed by Settlers' Irrigation District through a license agreement. 5. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of November 9, 2005 incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Eighteen (1.8) Month Conditional Use Pen -nit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall corn mence the use as pennitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the tennination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Twelve (12) Month Preliminary PIat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ -05-040, CUP -05-041, PP -05-039, PP -05-040 - PAGE 3 of 5 submitted within successive intervals of eighteen (1.8) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (1.8) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use perinit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City CIerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 9, 2005 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-040, CLIP -05-041, PP -05-039, PP -05-040 - PAGE 4 of 5 By action of the City Council at its regular meeting held on the+~` day of 2005. COUNCIL MEMBER SHAUN WARDLE VOTED c4 COUNCIL MEMBER CHRISTINE DONNELL VOTED�� COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) M r Ta de Weerd \\ rff'fl Attest: �. illiain G. Berg, Jr., City Olerk il-� ti Copy served upon Applicant, The Planning, a,, � Relic Works Department and City Attorney. BYDated:_ 'ty CIerk's 10ff�ice���� CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-040, CUP -05-041, PP -05-039, PP -05-040 - PAGE 5 of pr. ,- CITY OF MERIDIAN PLANNING: EPARTMENT STAFF REPORT FOR THE HEA)t,, ; DATE OF NOVEMBER 9, 2005 STAFF REPORT Hearing Date: 11/9/2005 TO: City Council FROM.: Craig Hood, Associate City Planner IDAHO le Meridian Planning Department s� �f 884-5533 93Y`a SUBJECT: Volterra Subdivision & Volterra Subdivision South AZ -05-040 — Annexation and zoning of 312.67 Acres to C -G (35.19 acres), L-0 (19.27 acres), and. R-4 (258.21 acres). CUP -05-041 — Mixed use development that includes commercial, office and residential uses. Amenities include tot lot play areas, pathways, and useable open space. PP -05-039 — Preliminary plat for 613 lots including 540 detached single- family lots, 9 commercial lots, 11 office lots and 51 common lots on 232.32 acres. PP -05-040 (South) — Preliminary plat for 227 lots including 134 detached single-family lots, 54 attached single-family lots, 13 commercial lots, 4 office lots and 21 common lots on 80.36 acres. L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting annexation and zoning of 312.67 acres of land that is currently zoned RUT in Ada County. The applicant is seeking a C -G zone (General Retail and Service Commercial District) for 35.19 acres, an L -O zone (Limited Office District) for 19.27 acres, and an R-4 zone (Low Density Residential District) for 258.21 acres. The applicant has submitted two preliminary plats for the subject property, one on the north side of McMillan Road (Volterra), and one on the south side of McMillan. Road (Volterra South). Volterra Subdivision includes 540 detached single-family lots, 9 commercial lots, I l office lots and 53 common lots on 232.32 acres. Volterra South Subdivision. includes 134 detached single-family lots, 54 attached single-family lots (zero lot lines), 13 commercial lots and 4 office lots on 80.36 acres. The applicant has also submitted a Conditional Use Permit for a Planned Development (CUP/PD) for the property. The CUP/PD includes requests for reductions to the minimum lot size, minimum street frontage, minimum house size, side setback and maximum block length of the R-4 zone. The PD also requests that 17 percent of the site be zoned for office and commercial uses, uses that are not normally permitted in this area, as a use exception (see MCC 12-6-3). Amenities for the development include tot lot play areas, pathways, a swimming pool, a clubhouse area and useable open space. 2. SUMMARY RECOMMENDATION Staff and the Planning & Zoning Commission are recommending approval of the subject annexation and zoning (AZ -05-040), preliminary plats (PP -05- 039 and PP -05-040), and conditional use permit (CUP -05-041) for the reasons listed herein. However, almost all of this property is currently not serviceable by the City of Meridian's sanitary sewer system. Sewer service for this development will be via the future North Black Cat lift station. At this point in time the facility is being designed; however, no funding has been approved for the construction. Approval of this development shall be subject to the North Black Cat sewer system being available, and improvements to the waste water treatment plant being completed. The Meridian Planning and Zoning Commission heard the item on October 6, 2005. At the public hearing they moved to recommend approval. Volterra AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE I CITY OF MERIDIAN PLANNING _6PARTMENT STAFF REPORT FOR THE HEARt�.v DATE OF NOVEMBER 9, 2005 a. Summary of Public Hearing: i. In favor: Becky McKay (Applicant's representative) ii. In opposition: Paul Poorman, Gale Poorman iii. Commenting. Jerry Stevenson iv. Staff presenting application: Craig Hood v. Other staff commenting on application: Mike Cale, Brad Hawkins -Clark b. Key Issues of Discussion by Commission: i. — Fencing adjacent to: open spaces, streets, micropaths and canals; ii. — Phasing of the project; iii. — Design of the subdivision; iv. —Traffic and upcoming roadway projects in this area; v. — The Fire Department's requirement to paint curbing red where parking is prohibited; vi. — Public vs, private parks; and, vii. — Sewer availability. c. Key Commission Changes to Staff Recommendation: i. — Requiring 4 -foot tall solid or 6 -foot tall open -vision fencing adjacent to interior open spaces and micropaths; ii. — Requiring the applicant to provide new open space calculations (exclusive of sane[ in the bottom of drainage areas) prior to City Council; iii. — Allowing the applicant to possibly gravity sewer some of the property; and, iv. — Requiring the multi -use pathway to be constructed in coordination with the Parks Department's staff. d. Outstanding Issue(s) for City Council: i. — As of the print deadline for this staff report, the applicant had not provided new open space calculations, as required by the Planning & Zoning Commission (see Conditions 1.2.2 and 1.2.2B). Staff has spoken with the applicant and the revised open space calculations should be available for the City Council public hearing. Staff recommends that Condition 1.3.3, regarding open space, be modified from the original proposal of 26 -acres to reflect the new calculations that the applicant provides at the hearing. 3. APPLICATION AND .PROPERTY FACTS a. Site Address/Location: McMillan Road and Ten Mile Road / SW and NW comers of N. Ten Mile and McMillan Roads within 4N1 W27 b. Owners Mary Floyd and E.L. & Shirley Bews Bews Family Limited Trust 5204 Sorrento Circle Boise, Idaho 83704 c. Applicant: Primeland Development 660 E. Franklin Rd. Suite 110 Meridian, Idaho, 83642 Volterra AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 2 CITY OF MERIDIAN PLANNING )EPARTMENT STAFF REPORT FOR THE HEARING DATE 017 NOVEMBER 9, 2005 d. Representative: Becky McKay, Engineering Solutions c. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential and Low Density Residential g. Description of Applicant's Request: Annexation and zoning of 312.67 acres for a mixed use development consisting of attached and detached single-family lots, commercial lots and office lots. 1. Date of preliminary plat (attached as Exhibit Al & A2): 07/21/05 (Volterra) 07/13/05 (Volterra South) 2. Date of CUP site plan (attached as Exhibit A3): 06/27/05 3. Date of landscape plan (attached as Exhibit A4): 06/21/05 h. Applicant's Statement/Justification (see Applicant's submittal letters): The proposed overall density (3.56 dwellings per acre) of the project complies with the City's designation of Medium Density Residential, which allows for residential densities which allows 3-8 dwellings per acre. We believe the use of the project will provide a development which will complement the surrounding land uses and will be a continuation of the Bridgetower prof ect. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 1.1 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject applications will in fact constitute preliminary plats as determined. by City Ordinance. By reason of the provisions of the Meridian City Cade Title 12 Chapter 3, a public hearing .is required before the City Council on this matter. C. The subject application will in fact constitute a planned development as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 6, a public hearing is required. before the City Council on this matter. d. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: September 19 and October 3, 2005 (for Planning & Zoning Commission) and October 24 and 31, 2005 (for City Council). f. Radius notices mailed to properties within 300 feet on: September 9, 2005 (for Planning & Zoning Commission) and October 21, 2005 (for City Council). g. Applicant posted notice on site by: September 26, 2005 (for Planning & Zoning Commission) and October 30, 2005 (for City Council), 5. LAND USE a. Existing Land Use(s): Primarily, the subject site is being used for agricultural purposes. There are two existing homes and several out buildings on the subject properties. There .is a home site located near the southwest corner of McMillan and Ten Mile and a home located on the north side of McMillan, approximately 800 feet from. Ten Mile Road. b. Description of Character of Surrounding Area: Today, this area is primarily being used for VoltC]Ta AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 3 CITY OF MERIDIAN PLAN NINU-EPARTMENT STAFF REPORT FORTH E HEARn,6 DATE OF NOVEMBER. 9, 2005 agricultural purposes. All of the properties adjacent to the western boundary of this project are currently zoned RUT in Ada County. There are some single-family homes on large lots located on the northeast corer of Black Cat Road and McMillan Road (Black Cat Estates No. 2). Drawbridge Subdivision, located south of the subject site adjacent to Ten Mile Road, is an R-3 residential subdivision on 5 -acres. The City's Waste Water Treatment Plant is approximately % of a mile south of the subject site. Bainbridge Subdivision was approved for residential development just north of the subject site (subject to sewer availability). Bridgetower and. Verona Subdivisions, both mixed-use developments, have been approved on the east side of Ten Mile Road, adjacent to this development. c. Adjacent Land Use and. Zoning 1. North: Currently used for agriculture (approved Bainbridge Subdivision), zoned R-8 2. West: Single-family on large parcels and agricultural, zoned RUT (Ada County) 3. South: Drawbridge Subdivision, zoned R-3/Agricultural, zoned RUT (Ada County) 4. East: Verona Subdivision, zoned C -G, L -O and R-8/Bridgetower Subdivision, zoned C -G and R-4 d. History of Previous Actions: NIA e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is a sewer main in Ten Mile Road with enough depth to sewer a small portion of this site. Location of water: There is an existing main in Ten Mile Road. Issues or concerns: A vast majority of this development is currently not serviceable by the City of Meridian 's sanitary sewer system. Gravity sewer- will not be available to this property till at least early 2008. 2. Vegetation: There are some existing trees on this site that should be protected or mitigated for. The rest of the vegetation on-site is for agricultural purposes. 3. Flood plain: NA 4. Canals/Ditches Irrigation: There are several ditches and drains that abut this site. Except for the White Drain and the Settlers Canal, the applicant is proposing to cover all ditches and laterals that cross, intersect, or are adjacent to the site. Please see the Analysis section below for requirements related to the irrigation ditches, Iaterals and canals on this site. 5. Hazards: The Settlers Canal lies on the south side of McMillan Road adjacent to this site. The Settlers Canal is deep and wide and could be a hazard. 6. Proposed Zoning: C -G, L -O, R-4 7. Size of Property: 312.67 acres 8. Description of Use: Commercial, Office, Single -Family (attached and detached) £ Subdivision Plat Information (includes Volterra and Volterra South): 1. Residential Lots: 728 2. Non-residential Lots: 37 Volterra A7--05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 4 CITY OF MERIDIAN PLAN NJNU _c.PARTMENT STAFF REPORT FOR THE HEARi„v DATE OF NOVEMBER 9, 2005 3. Total Building Lots: 765 4. Common/Other Lots: 72 5. Total Lots: 837 6. Residential Area. 258.21 acres 7. Colxunercial Area: 54.46 acres S. Gross Residential Density: 2.3 units per acre (2.8 units per acre excluding proposed L -O and C -G- properties) g. Landscaping 1. Width of street buffer(s): Per MCC 1.2-13-10-4 a 25 -foot wide street buffer is required along Black Cat, McMillan, and Ten Mile roads. Except adjacent to the proposed C -G areas, the applicant is proposing a common lot adjacent to Black Cat, McMillan, and Ten Mile roads that exceeds 25 feet (35 feet typically). A 35 -foot wide landscape easement is proposed adjacent to the C -G areas that abut the arterial roads. A 10 -foot wide street buffer is required along all commercial (local) roads. The landscape plan depicts the required street buffer adjacent to Parma Drive, Sangro Way, Gondola Drive and Milano Drive. However, except for Gondola Drive, the landscape buffers adjacent to the commercial roads are not depicted on the face of the plats. 2. Width of buffer(s) between land uses: A 20 -foot wide landscape buffer is required between office zones/uses and single-family residential zones/uses. No other.land use buffers apply to the proposed. development. 3. Percentage of site as open space. 8.5% (26.4 acres) excluding required street buffers. 4. Other landscaping standards. The landscape buffers along the arterial streets should be constructed in accordance with MCC 12-13-10. The land use buffers should be constructed in accordance with MCC 12-13-12. City Code requires a 5 -foot wide landscape strip on both sides of a micropath. Further, the landscape strips along micropaths shall include at least one deciduous tree for every 35 feet of length (MCC 12-13-1.5-4)(except for the micropaths that contain sewer easements). Common open space lots should include at least one deciduous shade tree per 8,000 square feet (MCC 12-13-16-5). h.. Conditional Use Information: 1. Non-residential square footage: The applicant is proposing approximately 84,000 square feet of office space; 300,000 square feet of commercial; and 1,500 square feet for a clubhouse. 2. Proposed building height: Per requested zone at the time of building permit submittal. 3. Percentage of site devoted to building coverage: N/A 4. Percentage of site devoted to landscaping: 12.5% (39.1 acres) including street buffers. 5. Percentage of site devoted to paving: 63 acres of the site are for proposed streets. 6. Percentage of site devoted to other uses: N/A VDItema AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 5 CITY OF MERIDIAN PLANNING . EPARTMENT STAFF REPORT FOR THE HEARInG DATE OF NOVEMBER 9, 2005 7. Number of Residential units: 728 i. Amenities: Clubhouse, swimming pool facility, multi -use pathway, park plaza, two tot lots, open space. j. Proposed and Required Residential Standards: R-4 Setbacks Proposed Required Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 20 20 Side 5 (0' for attached) 5 Rear 15 15 Frontage 41 80 Lot Size 5040 8000 k. Proposed and Required Non -Residential: C -G & L -O: The applicant is not requesting any deviation from the L -O and C -G lot sizes, frontage requirements and building setbacks. I. Summary of Proposed Streets and/or Access: The applicant is proposing to construct five access points onto McMillan Road, five access points onto Ten Mile Road, and one access onto Black Cat Road. Two of the five access points to McMillan Road and two of the access points to Ten Mile Road. are driveways for the commercial portion of the project. The remaining access points onto the adjacent roadways are proposed as pubic streets. The ACRD has approved all of the proposed access points. Staff is supportive of the general design of the proposed access points and streets, with one exception. The applicant is proposing to construct Gondola Drive, Malta Drive, San Vito Way/Avenue, Parma Drive, Milano Drive, and Sangro Way with detached sidewalks. Staff is supportive of the detached sidewalks along these roadways, but for the safety of the pedestrians using the walkways, staff recommends that the trees proposed on the back side of the walkways be placed between the curb and the face of the walk, not behind. The width of the planter strip between the curb and the sidewalk shall be in compliance with ACHD's interim policy :for planters (at least 6=feet wide with root barrier or a minimum of 8 -feet wide). For a detailed report on the public streets and access points to public streets, please see the attached Exhibit B. 6. COMMENTS MEETING On September 16, 2005, a. joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian. Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company, Staff has included all cormnents and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS Approximately 230 of the 312 acres is designated "Medium Density Residential" on the Comprehensive Plan Future Land. Use Map. Medium. Density Residential areas are anticipated to contain between three and eight dwelling units per acre (net). The remaining 80 acres adjacent to Black Cat Road is designated "Low Density Residential" on the Comprehensive Plan Future Volterra AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 .PAGE 6 CITY OF MERIDIAN PLANNING ,,EPARTMFNT STAFF REPORT FOR TETE HEAko,0 DATE OF NOVEMBER 9, 2005 Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (net). Some of the larger lots in the development are within the area designated for low density residential. Although the applicant has not submitted calculations, staff believes that this area contains less than 3.0 dwelling units per acre. Excluding the office and commercial areas, the overall net density is 3.56 dwelling units per acre (2.8 d.u../acre is gross density). Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #l2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. • Itis not clear how sanitaa sewer and water service will be extended to the project at this time. It mav be years before service is available to this aroer . Municipal, fee -supported., services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter IV, Goal ll: Diversity economic base of City -- make Meridian more than a "bedroom" community. The applicant is proposing to zone and develop 19 acres of the property for office use, and 35 acres of the property is planned, for commercial use. Although staff believes that North Meridian is nearing capacity for properties zoned non-residential (see the North Meridian Market Analysis prepared by Thornton, Oliver, Keller Commercial Real Estate, 2005, this is an appropriate location for, and an appropriate amount of, non-residential property. • Chapter VII, Goal I: Ensure a variety and balance of land uses to support the Meridian impact. Staff believes that the applicant is providing both a variety and appropriate balance of land uses that can be supported in this area. • Chapter VII, Goal 1, Objective B: Plan for a variety of commercial and retail opportunities Volterra AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 7 CITY OF MERIDIAN PLANNING �JEPARTMENT STAFF REPORT FOR THE HEA.R"toi(; DATE OF NOVEMBER 9, 2005 within the Impact Area. Stafffinds that, the majority of this site is designated.for Medicun Density Residential on the Comprehensive Plan Future Land Use Map (the 80 acres adjacent to Black Cat Road is designated far Low Density Residential). Although commercial uses have not been specifically planned for this property on the Comprehensive Plan Future Land Use Map, the Planned Development Ordinance (MCC 12-6) allows up to 20% of a project to be devoted to uses not normally permitted. • Chapter VII, Goal 1, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Both McMillan Road and Ten Mile Road are classified arterial roadways. The applicant is proposing access from, the adjoining residential lots to the commercial areas from rnicropaths, sidewalks and shared streets. Staff believes that the commercial areas proposed compliment the existing and planned residential areas in the vicinity. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation corridors (Ten Mile .Road, McMillan Road and Black Cat Road). • Chapter VII, Gaal V: Offer a diversity of housing types for a greater range of choice. Within the development, the applicant is proposing a wide variety of lot sizes. The proposed residential lots range in sizefrom om over 40, 000 square feet, to around .5, 000 square feet. The applicant is proposing 674 total single family lots. Fifty foacr of the single family lots (7%) are proposed for attached units while the remaining lots (93%) are for detached single-family homes. Stafffinds that a block of townhouses or duplexes may fit well within this development, but that the applicant is proposing a range of lot sizes and varied housing types with the subject applications. • Chapter VII, Goal V, Objective A, Action 4: Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi -family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. See analysis above. • Chapter IV, Goal H, Objective A, Action 6: Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. Stafffinds that this property is contiguous to the existing limits of the City. However, not all urban services are currently available to this properly. Water is readily available in Ten Mile Road, but the sewer in Ten Mile Road has only enough depth to sewer a small portion of this site. Gravity sewer for the rest of this site should be available in early 2008, at the earliest. • Chapter VTI, Goal III: Ensure that adequate public services, including transportation, for existing and future development are provided. The intersection of Ten Mile Road and McMillan Road currently has an acceptable level of service (see the traffic impact study summary on pages 9 —11). However, with the build out of the subject site, other developments in the area, and the anticipated construction of the Ten Volterra AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 8 CITY OF MERIDIAN PLANNING'. F_PARTMENT STAFF REPORT FOR THE HEARIiNd DATE OF NOVEMBER 9, 2005 Mile Road interchange, staff believes that this intersection and others in the area could have decreased levels of service in the near future. Except for sanitary sewer, this property can be served adequately by all public services at this time. • Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to extend the multi -use pathway from Verona Subdivision to and through this development to Black Cat Road. The applicant is proposing multiple micropaths between the blocks of the development. Otherpedestrian access is proposed to adjacent properties via the sidewalks on the stub streets. The applicant is also proposing pedestrian access to the commercial portion of the development on the north side of McMillan Road, from the residential portion. Staff is supportive of the proposed pedestrian pathway system, • Chapter VI, Goal 11, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing eleven stub streets to adjacent parcels. Staff is supportive of the proposed stub streets. The applicant is not proposing to extend Upriver Avenue into the site from Drawbridge Subdivision. To enhance connectivity and improve traffic flow, Upriver Avenue should be extended into the site from. the south. • Chapter VI, Goal 11, Objective A, Action 13: Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. Staff has evaluated the adjacent properties and finds that the proposed stub street locations are ideal forfuture connections. • Chapter VI, Goal 11, Objective A, Action 16: Require continuous, grid -like collectors around the north -south and east -west half -mile lines within the undeveloped sections of Meridian's Area of Impact at the time of new development. Such collectors should be the primary designated bike lane routes in lieu of Arterial streets, whenever possible. The applicant is proposing to construct Malta Drive, San Vito Way and Gondola Drive as residential collector roadways (no front -on housing). Gondola/Malta connect Ten Mile Road to Black Cat Road. Further, Malta Drive and Gondola Drive include a multi -use pathway adjacent to them. Staff finds that the proposed residential collectors are generally located near the half -mile and shouldJunction as the primary route for residents driving vehicles and bicyclists in this area. • Chapter VII (Collector Streets): Collectors shall be located at the north -south and cast -west hal- mile lines within the undeveloped sections of Meridian's Area of Impact. Collectors must be continuous through the full mile section. This does not preclude the integration of traffic calming measures, nor does .it imply the roadway has a straight alignment. See above. • Chapter VI (Transportation): Large development proposals that are .likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. A traffic impact study (TIS) was prepared for this development. The applicant submitted a traffic impact study that was compiled by Washington Group International that addresses Volterra AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 9 CITY OF MERIDIAN PLAN NING—m—ARTMENT STAFF REPORT FOR THE HEARILN6 DATE OF NOVEMBER 9, 2005 cumulative impacts of Volterra Subdivision and Volterra Subdivision South. A summary of the submitted traffic impact study is as follows: 1. The proposed residential/commercial development is projected to generate an average daily trait (ADT) of 9., 711 vehicles of which the p.m. peak hour traffr.c is 1,181 vehicles per hour. 2. As a result of the site build out, traffic on the vicinity roadways is expected to increase. Traffic on McMillan Road west of Ten Mile may increase by 4,855 trips per day. Traffic on McMillan Road east of Ten Mile may increase by 1,262 trips per day, and traffic on McMillan Road west of Black Cat Road may increase by 680 trips per day. Traffic on Ten Mile Road may increase by 2,428 trips per day north of McMillan Road and 2,408 trips per day south afMcMillan Road. Traffic on Black Cat Road may increase by 1,942 trips per day north of McMillan Road and 971 trips per day south of McMillan Road. 3. The intersection of Black Cat Road and McMillan Road is currently controlled by a two- way stop along the east and west approaches. The Black Cat Road and McMillan Road intersection currently operates under capacity at Level of Service (LOS) B with the existing traffic volumes. For the background year 2010 condition (e. g. regional growth), the intersection is predicted to operate at LOSB in the p.m, peak hour. For the build oiit year 2010 condition, the intersection is predicted to operate at LOS B in the p.m. peak hour- No improvements have been identified far the Black Cat Road and McMillan Road intersection for the background and build out conditions. 4. The intersection of Ten Mile Road and McMillan Road currently is controlled by a four- way stop. The Ten Mile Road and McMillan Road intersection currently operates under capacity at Level of Service (LOS) A with the existing traffic volumes. For the background year 2010 condition (e.g. regional growth), the intersection is predicted to operate at LOS in the p.m. peak hour. For the build out year 2010 condition, the intersection is predicted to operate at LOS C in the p.m. peak hour. No improvements have been identf ed for the Ten Mile Road and McMillan Road intersection for the background and build out conditions based on the capacity alone. However, as discussed below, a signal is warranted in the build out year based on the peak hoar traffic volumes. 5. The intersection of Ten Mile Road and McMillan Road intersection marginally meets the peak hour signal warrant for the build out year based on rural applications with a single lane at each approach. A signal warrant analysis for this intersection for the build out year using urban applications shows that a signal in not warranted. Approximately 51 % of the total traffic generated at the Ten Mile Road and McMillan Road intersection is front the proposed Volterra development. A detailed analysis will be needed when the projected traffic volumes are reached before installing a signal. This intersection project is eligible for the use of impact fees. 6. The northern site approach intersection with Black Cat Road is predicted to operate well "tinder capacity" atLOS A or better throughout the developmentperiod. A left turn bay and right turn bay have been identf ed as necessary improvements far the northern approach intersection with Black Cat Road based on ACHD's nomographs, west approach intersection with McMillan Road based on ACHD's nomographs. 7. The north leg of the western approach intersection with McMillan Road is predicted to operate well "under capacity" at LOSB or better throughout the development period A left turn bay and a right turn bay have been identified as necessary improvements for the north leg of the west approach intersection with McMillan Road based on ACHD's nomographs. 8. The south leg of the western approach intersection with McMillan Road is predicted to operate well "tinder capacity" at LOS or better throughout the development period A Volterra AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 10 CITY OF MERIDIAN PLANNING`'u6PARTMENT STAFF REPORT FOR THE HEAR IjN J DATE OF NOVEMBER 9, 2005 left turn bay has been identified as a necessary improvementfor the south leg of the western approach intersection with McMillan Road based on ACHD's nomographs. 9. The north leg of the eastern approach intersection with McMillan Road is predicted to operate well "under capacity" at LOS B or better throughout the development period. A left turn bay and right turn bay have been identified as necessary improvements for the north leg of the eastern approach intersection with McMillan Road based on ACHD's nomographs. 10. The south leg of the eastern approach intersection with McMillan Road is predicted to operate well "tinder capacity" at LOS B or better throughout, the development period. A left turn bay and right turn bay have been identified as necessary improvements far the south leg of the eastern approach intersection with McMillan Road based on ACHD's nomographs. 11. The north leg of the eastern commercial site approach intersection with McMillan Road is a right -in and right -out (R1R0) intersection only. The intersection is predicted to operate well "under capacity" at LOS B of better throughout the development period. No improvements have been identifed for the north leg of the western commercial site approach and McMillan Road intersection. 12. The south leg of the western commercial site approach intersection with McMillan Road is a right -in and right -out (R1R0) intersection only. The intersection is predicted to operate well "under capacity" at LOS of better throughout the development period. No improvements have been identified for the south leg of the western commercial site approach and McMillan Road intersection. 13. The northern site approach intersection with Ten Mile Road is predicted to operate "under capacity" at LOS C or better throughout the development period. A left turn bay and right turn bay have been identified as necessary improvements for the northern approach intersection with Ten Mile Road based on ACHD's nomographs. 14. The mid site approach intersection with Ten Mile Road is predicted to operate "under capacity" at LOS C or better throughout the development period. A left turn bay and right turn bay have been identified as necessary improvements far the mid approach intersection with Ten Mile Road based on ACHD's nomographs. 15. The northern commercial site approach intersection with Ten Mile .Road is a right -in and right -out (RIRO) intersection only. The intersection is predicted to operate well "tinder capacity" at LOS B of better throughout the development period. A right turn bay has been identified as a necessary improvement for the northern commercial site approach and Ten Mile Road intersection. 16. The southern commercial site approach intersection with Ten Mile Road is a right -in and right -out (BIRO) intersection only. The intersection is predicted to operate well "under capacity" at LOS A of better throughout the development period. A right turn bay has been identified as a necessary improvement for the southern commercial site approach and Ten Mile Road intersection. 17. The south site approach intersection with Ten Mile Road is predicted to operate well "under capacity" at LOS B or better throughout the development period. A left turn bay and right turn 18. All or the internal streets with front on housing have daily tr affrc projections lower than 1000 vpd. Staff finds that the subject development has been assessed for their impact on the transportation system and surrounding land uses. The applicant has included a multi -use pathway, sidewalks, micropaths and regular street connections to encourage walking and biking in this area. ACRD is requiring turn bays and other roadway improvements as part of their approval. Volterra AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE I I tpp C CITY OF MERIDIAN PLANNING'LEPARTMENT STAFF REPORT FOR THE HEARINd DATE OF NOVEMBER 9, 2005 • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and. arterial streets. The ACHD evaluates access points in their analysis; no direct access is allowed to any of the internal residential collector roadways. The proposed access points to the arterial streets generally comply with ACHD's standards. Please see theACHD staff report and Exhibit B for the conditions from ACHD. • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets. By Ordinance, a minimum 25 foot wide landscape buffer is required adjacent to arterial streets (width does not include the right-of-way or any required sidewalk). • Chapter VII, Goal 1, Objective D, Action 9: Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant has not provided a fencing plan with the subject applications. The applicant should clarify what perimeter fencing is planned for the development. Permanent perimeter fencing should be constructed around the perimeter of the development. • Chapter VII, Goal I, Objective D, Action 8: Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. The applicant has provided some of the largest lots in the development along the perimeter. The applicant is not proposing a landscape buffer or fencing to screen any of the adjacent properties. • Chapter V, Goal 1, Objective A, Action 2: Identify feasible interconnected greenbelt areas along waterways, railroad, etc. As mentioned above, the applicant is extending the multi -use pathway from Verona Subdivision. Once constructed the multi -use pathway will be continuous from Saguaro Canyon near Meridian Road to Black Cat Road (eventually the pathway will traverse the entire city east to west, north of McMillan Road • Chapter VI, Goal H: Facilitate the movement olpeople and products to and from the Meridian Impact Area. Stafffinds that the proposed street layout will facilitate the movement ofpeople and products in this area. 8. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 Iists single-family homes as permitted uses in the R-4 zoning district, commercial/retail uses are generally permitted in the C -G district, and office type uses are generally permitted in the L -O district. However, MCC 12-6-1 requires planned developments to comply with the conditional use procedures set forth in MCC 11-17. b. Purpose Statement of Zone: R-4 Low Density Residential District: Only single-family dwellings, public schools, and Volterra AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 12 CITY OF MERIDIAN PLANNING -cPARTMENT STAFF REPORT FOR THE HEARL-1 DATE OF NOVEMBER 9, 2005 public and private parks shall be permitted and no conditional uses shall be permitted except for planned developments. The purpose of the R-4 district is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development .has, or is likely to occur in accord with. the comprehensive plan of the city, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 district allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. C -G General Retail And. Service Corrunercial District: The purpose of the C -G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed comunercial uses which are auto and service oriented and are located in close proximity to .major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. L -O Limited Office District: The purpose of the L -O district is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L -O district is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the municipal water and sewer system of the city is a requirement in this district. c. General Standards: As part of the PD, the applicant is requesting modifications to the standard lot size, street frontage, side yard setback, house size, and block length of the R-4 zone. Other than the requested modifications, the proposed development substantially complies with all of the general standards of the Meridian Zoning Ordinance. d. Specific Standards: MCC 12-6-7 requires each non-residential phase of a conceptual PD to obtain approval through a new application, fee and public hearing. Therefore, all future non- residential buildings within the Volterra PD shall be required to obtain detailed CUP approval prior to construction. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ Application (.AZ -05-040): Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed. development with the Zoning Ordinance, staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on June 28, 2005 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within tlus project will have to be removed from their domestic service, per City Ordinance Volterra A7--05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE [-TEARING DATE OF NOVEMBER 9, 2005 Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. MCC 11-16-4 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the close proximity of existing and future residential uses and the re uirement that each buildiwz within the L -O and C -G zoned areas obtain detailed CUP approval, staff believes that a Development Agreement is necessary to ensure that this property is developed in a„fashion that is consistent with the comprehensive plan designation,.,and does not negatively impact nearby ro erties. Staff believes that the Development Agreement should include the following provisions: Phasing Plan: Generally, the applicant anticipates the phasing plan to begin with the office and commercial lots near the McMillan Road/Ten Mile Road intersection and then continue along McMillan Road, then north, south and finally west. The applicant has asked for leniency in the phasing of the project. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of this request but believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, staff recommends that prior to the City Council's approval of the 350"' residential lot (including Volterra and Volterra South), the 10.2 acre park (James Park) shall be constructed. Construction of the park shall include the proposed swimming pool and restrooms, the water feature (fountain), and the tot lot. Further, prior to the City Council's approval of the 5501" residential .lot (including Volterra and Volterra South), the proposed 3 acre park south of McMillan Road shall be constructed. Construction of said park shall. include the proposed plaza area and. playground equipment. Non -Residential BuiIdings: Meridian City Code requires use exceptions to continue the architectural, landscaping, and building bulk concepts from the primary use into the use of the exception site so they are consistent and harmonious throughout the development. Further, City Code requires each non-residential phase of a planned development to obtain approval through a new CUP application, fee and. public hearing. Therefore, staff recommends that the Development Agreement include a provision that requires all buildings within the L -O and C -G to zones contain architectural features and bulk building concepts that are similar to the residential buildings, as determined by the Commission at each CUP public hearing. 2. PP Application (Volterra, P.P-05-039): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Detached Sidewalks: The applicant is proposing to construct 5 -foot wide detached sidewalks on some of the internal streets. The sidewalks are detached from the curb with a 5 -foot wide landscape strip. The proposed landscape strips do not include trees, only grass. The applicant is proposing to plant trees on the back side of the sidewalks, but staff believes that the trees should be planted between the curb and the Volterra AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 sidewalk to provide the pedestrians with cover and to make the strectscape more attractive. In accordance with the recently passed ACRD planter width standards, the width of the planter strip between the sidewalk and the curb should be increased to a minimum of 8 -feet wide and include Class II trees. See Exhibit B below. Multi -use Pathwav: In lieu of sidewalk, the applicant is proposing to construct the multi -use pathway that is depicted on the Future Land Use Map along Malta Drive and Gondola Drive. The applicant is proposing to detach the pathway from the curb and construct it 10 -feet wide from Ten Mile Road (where it comes out of Verona) to Black Cat Road. Staff .is supportive of the proposal to construct the multi -use pathway as depicted, as long as street trees are placed between the pathway and the curb (see Detached Sidewalks above). See Exhibit .B below. Micro aou ths: The applicant is proposing to construct several micropaths with this plat. Staff is generally supportive of the pedestrian. connections between the different neighborhood "pods". However, staff believes that an additional micropath should be provided in Block 37, generally between Lots 11 and 12. This micropath will break up a block that is approximately 1,500 -feet long and provide additional connectivity between the subject development and the unplatted property to the north. All :micropaths shall be constructed at least 5 -feet wide, with 5 feet of landscaping on each side of the path (MCC 12-13-15-3). See Exhibit B below. Land Use Buffers: MCC 12-13-12 requires landscape buffers between different land uses. Per MCC 12-13-12-4, a 20 -foot wide landscape buffer is required between single-family homes (CIass I) and L -O zoned property (Class III). Meridian City Code 12-13-12-2 requires the land use buffer to be provided by the higher intensity use and to be located on the building site of the higher intensity use, unless the adjacent and higher intensity use has not provided the buffer. The applicant is showing a 20 -foot wide buffer between the single-family homes and the office lots on the landscape plan, but the buffer is not shown on the preliminary plat. The applicant should be required to graphically depict a 20 -foot wide landscape buffer on the plat along the L -O zoned lots that abut the single-family lots. ,Said buffer shall contain materials in accordance with MCC 12-13-12-3 and not include impervious surfaces such as parking areas or driveways. See Exhibit B below. Landscape Street Buffers: Arterials: MCC 12-13-10-4 requires a 25 -foot wide street buffer along classified arterial roadways. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along Black Cat Road, and at least 35 -foot wide street buffers along McMillan Road and Ten Mile Road. The applicant should be required to depict the required street buffers on the face of the final plat, including adjacent to the office and commercial lots. Also, there is a 30 -foot wide McMullen Lateral easement parallel to Ten .Mile Road, just south of Malta Drive that is within the proposed landscape street bufffer. The submitted landscape plan shows trees within this easement. The irrigation districts typically prohibit trees from being planted within their easements. Therefore, the landscape plan should be modified to reflect the required trees along the Ten Mile Road street buffer to be located outside of the easement. See Exhibit B below. Commercial Streets: MCC 12-13-10-4 requires a 10 -foot wide street buffer along commercial roadways. On the submitted landscape plan, the applicant is proposing to construct a 10 -foot wide street buffer along both sides of Milano Drive and Sangro Way. However, the street buffer easements are not labeled on the plat. The applicant Volterra AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 should be required to depict the required 10 -foot wide street buffer easements along Sangro Way and Milano Drive, and Gondola Drive (from Sangro Way to Divide Creek Drive) on the face of the final plat. Ditches,_ Laterals, and Canals: There are several irrigation laterals that bisect this parcel. Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. The applicant is proposing to tile all of the irrigation facilities on the north side of McMillan Road. See Exhibit B below. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be .required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -paint connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. See Site Exhibit B below. Fencing: The applicant is not showing any fencing on any of the submitted plans. Staff recommends that the applicant clarify, at the public hearing, how :fencing is going to be constructed in this development. A detailed fencing plan should be submitted upon application of the final. plat (MCC 12-4-10.F.3). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. See Exhibit B below. Existin Residences/Buildin s: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines and/or are not allowed in the proposed zone, all existing buildings shall be removed prior to signature of the final plat by the City Engineer. See Exhibit B below. Cross -access: There are some commercial. lots that do not have frontage on a public street. Instead the applicant is proposing to provide crass -access easements to the lots that do not have public street frontage. Because several of the proposed lots do not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the office and commercial portion of the subdivision to use the driveways and parking aisles. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. See Exhibit B below. PP Application (Volterra South, PP -05-040): The proposed preliminary plat substantially complies with the current Zoning Ordinance. Special Considerations: Stub Streets: The applicant is proposing one stub street to the west and one stub street to the south.. Staff is supportive of the location and design of the proposed stub streets. However, there is an existing stub street to this property that was required with Drawbridge Subdivision to the south. The applicant is not proposing to extend this stub street into the site. To promote connectivity between the adjacent properties, the applicant should be required to extend Upriver Drive into this site from the south. Up River Drive should connect with the proposed Lesina Drive. See Exhibit B below. Volterra AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 Cross -access: There are some commercial lots that do not have frontage on a public street. Instead the applicant is proposing to provide cross -access easements so the lots without frontage can access the public street system. Because several of the proposed lots do not have frontage on a public street, the applicant should provide a cross parking/cross access agreement(s) for all of the lots within the office and commercial portions of the subdivision to use the driveways and parking aisles. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR .in a document such as CCRs. See Exhibit B below. Detached Sidewalks Internal Streets: The applicant is proposing to construct 5 -foot wide detached sidewalks on some of the internal streets. The sidewalks are detached from the curb with a 5 -foot wide landscape strip. However, the proposed landscape strips do not include trees, only grass. The applicant is proposing to plant trees on the back side of the sidewalks, but staff believes that the trees should be planted between the curb and the sidewalk to provide the pedestrians with cover and to make the streetscape more attractive. In accordance with the recently passed ACHD planter width standards, the width of the planter strip between the sidewalk and the curb should be increased to a minimum of 8 -feet wide and include Class II trees. See Landscape Street Buffers and Exhibit B below. McMillan Road: The applicant is proposing to construct detached sidewalks on the south side of McMillan Road. The proposed sidewalk is separated from McMillan Road by the Settlers Canal. This design is similar to those previously approved by the City and ACHD on the south side of McMillan Road, adjacent to the Settlers Canal (Bridgetower, Caymus Cove). The applicant will be required to grant ACRD a public pedestrian easement for this detached sidewalk. See Exhibit B below. Landscape Street Buffers Arterials: MCC 12-13-10-4 requires a 25 -foot wide street buffer along classified arterial roadways. On the submitted landscape plan, the applicant is proposing to construct a landscape buffer along the south side of McMillan Road that is 95 -feet wide and includes a 50 -foot wide easement for the Settlers Canal. The applicant should be required to depict the required street buffer easements/lots on the face of the final plat, including adjacent to the office and commercial lots, which is currently not shown on the plat. See Exhibit B below. Commercial Streets: MCC 12-13-10-4 requires a 10 -foot wide street buffer along commercial roadways. On the submitted landscape plan, the applicant is proposing to construct a 10 -foot wide street buffer along both sides of Sangro Way and Parma Drive. However, the street buffer easements are not labeled on the plat. The applicant should be required to depict the required 10 -foot wide street buffer easements along Sangro Way and Panna Drive on the face of the final plat. Micro an ths: The applicant is proposing to construct two micropaths with this plat. Staff is supportive of the pedestrian connections between the different neighborhood "pods." All proposed micropaths shall be constructed at least 5 -feet wide, with 5 feet of landscaping on each side of path (MCC 12-13-15-3). See Exhibit B below. Land Use Buffers: MCC 12-13-12 requires landscape buffers between different land uses. Per MCC 12-13-12-4, a 20 -foot wide landscape buffer is required between single-family homes (Class I) and L -O zoned property (Class III). Meridian City Code 12-13-12-2 requires the land use buffer to be provided by the higher intensity VolteiTa AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMIIER 9, 2005 use andto be located on the building site of the higher intensity use, unless the adjacent and higher intensity use has not provided the buffer. The applicant is showing a 20 -foot wide buffer between the single-family homes and the office lots on the landscape plan, but the buffer is not shown on the preliminary plat. The applicant should be required to graphically depict a 20 -foot wide landscape buffer along the west side of the L -O zoned. lots that abut the single-family lots. Said buffer shall contain materials in accordance with MCC 12-13-12-3 and not include impervious surfaces such as parking areas or driveways. See Exhibit B below. Ditches Laterals and Canals: There are several irrigation laterals that bisect this parcel. Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. The applicant is proposing to relocate and leave open the White Drain, between Ten Mile Road and McMillan Road, as well as the Settlers Canal, which runs along the south side of McMillan Road. Staff has talked with Nathan Draper at Settlers Irrigation District and it is preferable to them that the applicant leave the White Drain open so that groundwater can get to the facility. Also, the City Council has regularly granted waivers of the requirement to tile the Settlers Canal. The Settlers Canal is a major facility, and. it would at least take a 48 - inch pipe to contain it. For the reasons listed above, staff recommends that, except for the White Drain and the Settlers Canal, all irrigation ditches, laterals and canals be tiled. See Fencing and Exhibit B below. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28, See Site Exhibit B below. Fencing: The applicant is not showing any fencing on any of the submitted plans. Staff recommends that the applicant clarify, at the public hearing, how fencing is going to be constructed in this development. Staff is particularly concerned with fencing adjacent to the White Drain and the Settlers Canal, as the applicant is proposing to leave both of these waterways open (see Ditches, Laterals, and Canals above). To provide for both protection of the waterways and citizens, staff recommends that a 6 -foot tall see-through, non -climbable fence be installed along both sides of the White Drain and along the south side of the Settlers Canal (between the sidewalk and the top of bank). This requirement will allow the future residents to enjoy the water features, yet discourage them from entering into them. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4- 10.173). If permanent fencing is not provided around the perimeter of the development, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All .fencing should be installed in accordance with City Code, See Exhibit B below. Existing_ Residences/Buildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines and/or are not allowed in the proposed zone, all existing buildings shall be removed prior to signature of the final plat by the City Engineer. See Exhibit B below. Volterra AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 :Patio Home Lots: The applicant is proposing 54 patio home (zero lot line) lots within Volterra South Subdivision. Lots 6-19 & 21-32, Block 3, Lots 2-13, Block 4, and Lots 2-17, Block 5, are all planned for attached lots. Staff is support of this proposal. A note should be placed on the final plat that references CUP -05-041 and the allowance for a 0 -foot side setback on the attached patio home lots. 4. CUP Application (CUP -05-041): The proposed preliminary plat substantially comp] ies with the current Zoning Ordinance. Special Considerations: Requested Modifications: The applicant is requesting, through the Planned Development Ordinance, several modifications to the standard requirements of Meridian City Code and the R-4 zone. The most significant and uncommon modification being requested has to do with the use exception. request. The applicant is requesting to zone over 17% of the site for non-residential uses. The applicant is proposing to zone 1.9.3 acres to L -O (Limited Office) for office uses and 35.2 acres for general retail and service commercial uses (C -G zoning). Staff is supportive of this use exception request as the non-residential and residential land uses are integrated well and the application generally complies with the Zoning Ordinance and the Comprehensive PIan (see Exhibit D for detailed analysis). The applicant is also requesting approval to modify the minimum lot size in this development from the 8,000 square -feet typically required to 5,000 square -feet. There are 144 lots (20%) that are proposed below the 8,000 square -foot minimum requirement. The applicant is also requesting a modification to the minimum house size of the R-4 zone, from 1,400 square -feet to 1,200 square feet for the patio homes (the detached homes will meet the 1,400 square -foot minimum). The applicant is also requesting a 0 -foot side setback for the attached patio homes. There are 54 patio homes//lots being proposed on Lots 6-19 & 21-32, Block 3, Lots 2-13, Block 4, and Lots 2-17, Block 5. The applicant is seeking a modification to the standard frontage requirement of the R-4 zone, which is 80 feet. There are several lots that have less than 80 -feet of frontage; the applicant is requesting that frontage be reduced to 41 - feet (straight-aways) and 35 -feet (measured on a chord) for cul-de-sac lots and lots on a curve. The applicant is also requesting a modification to the .maximum. block length, which is currently 1,000 feet. Staff is supportive of all the requested modifications as they allow for variety in the lot sizes and housing types within the development. See Exhibit B below. Amenities: The applicant is proposing several amenities for this development. The applicant is proposing to set aside 39 acres for open space (including street buffers). The useable open space is 25 acres (8.5 % of the site); only 5% open space is required_ Other amenities include a 10.2 -acre park (to be owned and maintained by the HOA and not the City) centrally located in the development. The park includes a swimming pool and restrooms, a tot lot area, and a water feature. The applicant is also proposing to construct a 10 -foot wide multi -use pathway throughout the development and micropaths that link the different blocks to each other. A 3 -acre park is proposed on the south side of McMillan Road that also includes a tat lot area and a plaza space. See Exhibit B below. Elevations: The applicant has not submitted any elevations for the single-family detached or attached homes. The applicant does state that the home elevations will be similar to those in Bridgetower Crossing Subdivision. As part of the application submittal, the City requires that elevations and a construction materials list be Volterra AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 19 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE 14EARING DATE OF NOVEMBER 9, 2005 submitted for buildings within a PD. Staff recommends that the applicant bring elevations to the Planning & Zoning Cornmission hearing, 10 copies of sample elevations for the attached and. detached homes be submitted to the City Clerks office. See Exhibit B below. b. Staff Recommendation: Staff recommends approval of AZ -05-040 PP -05-039 PP -05- 040 and CUP -05-041 for Volterra Subdivision and Volterra South Subdivision based on the Findin s of Fact as listed. in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. c. Other: The Comprehensive Plan designates a future school site within this section. It is staff's understanding that the Meridian School District has plans for an elementary and middle school to share a campus in this section. The applicant has indicated on the application that the School District has not specified the need for a school in this area. However, as of the print deadline for this report the Meridian School District had not acquired a school site in this section. The available land for a school site is rapidly disappearing in this area. Staff recommends that the Commission and Council rely on any comments received from the Meridian School District regarding approval of the subject development without a school site, when determining if the proposed development is in the best interest of the City. 10. PROPOSED MOTION Approve I move to approval File Numbers AZ -05-040, PP -05-039, PP -05-040 and. CUP -05-041 as presented. in staff report for the hearing date of November 9, 2005 and the preliminary plats dated July 13, 2005 and July 21, 2005, the site plan dated June 27, 2005 with the following modifications to the conditions of approval: (add any proposed modifications) Deny I move to deny :Pile Numbers AZ -05-040, PP -05-039, PP/05-040, and CUP -05-041 for the following .reasons: (you should state specific reasons for denial of the annexation; you must state specific reasons for denial of the CUP and preliminary plat(s). They should address how the applicant might re -do the application to gain your recommendation for approval.) 11. EXI3BITS A. Drawings 1. Volterra Preliminary Plat (dated: 07121/05) 2. Volterra South Preliminary Plat (dated: 07/13/05) 3. CUP Site Plan (dated: 06/27105) 4. Landscape Plan (dated: 06/21105) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5, Parks Department 6. Sanitary Service Company Volterra AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 20 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 7. Ada County Highway District 8. Settlers' irrigation District C. Legal Description D. Required Findings from Zoning Ordinance 1. Aimexation 2. Preliminary flat (Volterra) 3. Preliminary Plat (Volterra. South) 4. Conditional Use Permit 5. Planned Development Volten-a AZ -05-039, CUP -05-041, PP -05-039, PP -05-040 PAGE 21 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 A. Drawings 1. Volterra Preliminary Plat (dated; 07121105) 4.1 I I RACi C � [fi II11-- r(,J . J11 j '01TRi3Idd �UIIDIYiafOAj F7EEiliY6 [ `. ` Tj F tri � CCrrlr f"V'I r _. ,8 Exhibit A —Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 _p�T -- cf 011, �-a..+ i iA. � 'Ip , r- 9 3 ivf i,� s Y I y' ! - ems+. i30 �. r •-: 5 ; y . i _ ' III t — j IF i p I �! I � �r I" I �a � ��` — � ...E-�?'�•.�_ ( a :_ � � : � ,I � f- 17, y >r�e E! uaa rd-.• Q�UTJd1Pi i 1.,1 ;rnr x etL fir i cx a rn.r; - Exhibit A — Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9. 2005 Exhibit A — Page 3 CITY Of MERIDIAN PLANNING L)EPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 2. Volterra South (dated. 07/13/05) d d .eA iii 1 4bW _ w r 1 E •. � > a r i !! Exhibit A — Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 3. CUP Site Plan (dated: 06127105) J @ e f i rl r • E L1���+� � i � '�i`' '��` `� �` �'ti- � � t s.;e. , `j`._.Ij.F�-�"-- �•. j Y -5 ' L'.. • j S e.+ .. I6=F I Ii e All a..q{, Fffk� c 1 x NA 3 n r. F a ? a. { e np OPW s #a" fry i- R ;1. 2 vOLT RRA sirjurvlslo i f r� r is u —T I � rsrE rvl {1 k:r.Huir A1�RTfi31(IS car „. E moo: ,�. ,. � • ..--.• ----• _.. _.---.-. � rex an-ani � -. r'4 ,� E �a 3I Exhibit A — Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 dv� �ij VOLTMA SURDMSIOIN E!GJ Exhibit A — Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 7 M F x•740 _ yt _ '? 1 � I r F � �' � ^ tet_ i -➢ Ei .Fj 3 a � �X`,�p Lo IT oil E r F] $ 7 �t o; i 14, - p x� :j n i. I i a ` 1 �f �-� &l�lE`ENNG ` -n VOLTnRA WDIVISIGN � ��rr �r iati crti in-ri �n nrrrrrt rvc r c 'TIDIES (�` 11'Si3j+`�fL r�till LS Yf AS,tif - e tips,• Exhibit A — Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 r, x +rw:.,s: .kvw•u F a+ F.... is: s� 1 s t�.a oa„ ,� rxyM,Y[ Rigg '.` � ��;. ✓ r Exhibit A — Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 4. Landscape Plan (dated: 06121105) I X44 Y+ 31i§ Exhibit A — Page 9 CITY OF MERIDIANI PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 ' .n L4Yly F Exhibit A —Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 Exhibit A — Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEADING DATE OF NOVEMBER 9, 2005 r a axe. a ullO:a t�»-[fOl?,h C7�-Jvi—a�� J . Exhibit A — Page 12 f ' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 Exhibit A —Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 Exhibit A — Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS PRELIMINARY PLAT (VOLTERRA, PP -05-039) 1.1.1 The preliminary plat labeled as Sheets 1, 2 and 3 prepared by Engineering Solutions, LLP, dated fuly 21, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -05-040) and Conditional Use .Permit (CUP -05-041) applications shall also be considered conditions of the Preliminary Plat (PP -05-039). 1.1.2 The planter strip between the curb and the near edge of the sidewalk, or multi -use pathway, along all the internal streets with detached walks shall be a n-dnimum of 8 -feet wide and include Class II trees. 1.1.3 Construct a 10 -foot wide multi -use pathway along Malta Drive and Gondola Drive, from. Ten Mile Road to Black Cat Road, as proposed. Class II street trees shall be placed between the multi- use pathway and the curb of the adjacent street (see Conditions 1.1.2 above). 1.1.4 In addition to the pedestrian connections proposed, construct a micropath in Block 37, generally between Lots 11 and 12. All micropaths shall be constructed at least 5 -feet wide and include 5 - feet of landscaping on each side of the pavement. 1.1.5 Graphically depict a 20 -foot wide landscape buffer easement along the L -O zoned lots that abut single-family lots. Said buffer area shall contain materials in accordance with MCC 12-13-12-3 and not include impervious surfaces such as parking areas or driveways. 1.1.6 Depict, on the face of the plat, at least a 25 -foot wide landscape buffer along Black Cat Road, Ten Mile Road, and McMillan Road. Depict on the face of the final plat a 10 -foot wide landscape buffer along both sides of Sangro Way, Milano Drive, and Gondola Drive (from Sangro Way to Divide Creek Drive). Said landscape buffers shall be in a common lot within the R-4 zones and may be in either a common lot or an easement adjacent to the L -O and C -G zoned lots. 1.1.7 The landscape plan prepared by Harvest Design, P.C., labeled Sheets LS -0, LS -1, LS -2, LS -3, LS -4, LS -5, and LS -6, is approved with the following change(s): • Construct the required trees along McMillan Road, that are currently proposed within the McMullen Later Easement, to be outside of the irrigation district's casement. • Only Class II tress shall be allowed within the planter strips between the sidewalk and the curb along the internal streets with detached sidewalks. With the final plat application, submitted revised copies of the landscape plan with the changes listed above. Other than the changes listed herein, the approved landscape plan is not to be altered without prior written approval of the Planning Department. 1.1.8 Maintenance of all common areas shall be the responsibility of the Volterra Subdivision Homeowners' or Business' Owners Association(s), 1.1.9 vision.be li"ted to either- 4 feet tall selid aF 6 feet tall apen Tour -foot tall solid fencing, with two -feet of lattice on W12, may be constructed ad'aeent to interior ol2ens aces and micro- ap ths• 1.1.10 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. Exhibit B — Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 1.1.11 Provide cross access/cross parking agreement(s) for all of the L -O and C -G lots to use the ACRD approved driveways and parking aisles as access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.12 Other than the accesses approved by ACRD, access to Ten Mile Road, McMillan Road and Black Cat Road is prohibited. A note shall be placed on the final plat restricting access to Ten Mile Road, McMillan Road and Black Cat Road. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.6 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth. in MCC 12-2-4. LIB SITE SPECIFIC REQUIREMENTS—PRELIMiNARY PLAT (VOLTERRA SOUTH, PP -05- 040) 1.1.113 The preliminary plat labeled as Sheet 1 prepared by Engineering Solutions, LLP, dated July 13, 2005, is approved, with the conditions listed herein, All comments/conditions of the Exhibit B — Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 accompanying Annexation and Zoning (AZ -05-040) and Conditional Use Pern-dt (CUP -05-041) applications shall also be considered conditions of the Preliminary Plat (PP -05-040). 1.1.2B The planter strip between the curb and the near edge of the sidewalk along all the internal streets with detached walks shall be a minimum of 8 -feet wide and include Class Il trees. 1. 1.313 In .,da,+.,.., .,. the stub A,.,,.,f., p...,p,.....:, extend Provide from Upriver Drive � in Drawbridge Subdivision �s��e fro n tl en south. on into this site 1.1 AB Graphically depict a 20 -foot wide landscape buffer easement along the west side of the L-0 zoned lots that abut single-family lots. Said buffer area shall contain materials in accordance with MCC 1.2-13-12-3 and not include impervious surfaces such as parking areas or driveways. 1. 1.513 Depict, on the face of the plat, at least a 25 -foot wide Landscape buffer easement or lot along Ten Mile Road and McMillan. Road. Depict on the face of the final plat a 10 -foot wide landscape buffer easement adjacent to the commercial portions of Sangro Way and Parma Drive. Said landscape buffers shall be in a common lot within the R-4 zones and may be in either a common Iot or an easement adjacent to the L -O and C -G zoned lots. 1. 1.6B The landscape plan prepared by Harvest Design, P.C., labeled Sheets LS -0, LS -1, LS -2, LS -3, LS -4, LS -5, and LS -6, is approved with the following change(s): • Construct the sidewalk on McMillan Road. on the south side of the Settlers Canal. Comply with. ACHD's requirements for construction and easements. • Only Class II tress shall be allowed within. the planter strips between the sidewalk and the curb along the internal streets with detached sidewalks. • All micropaths shall be constructed at least 5 -feet wide and include 5 -feet of landscaping on each side of the pavement. With the final plat application, submitted revised copies of the landscape plan with the changes listed above. Other than the changes listed herein, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 1.1.7B Maintenance of all common areas shall be the responsibility of the Volterra South Subdivision Homeowners' or Business' Owners Association(s). 1.1.813 The applieaFA shall eeffstr-uet a 6 feet �all epen visiaii, nen elipabable fenee aleng both sides ef . Tour -foot tall solid fencin with two -feet adjacent to ante o -feet of lattice on ton, may be constructed rior open spaces and micro - paths. , 1.1.913 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.10E Provide cross access/cross parking agreement(s) for all of the L -O and C -G lots to use the ACIID approved driveways and parking aisles as access to the public street system.. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.11B Other than the accesses approved by ACRD, access to Ten Mile Road and McMillan Road is prohibited. A note shall be placed on the final plat restricting access to Ten Mile Road and McMillan Road. 1.1.12B All irrigation ditches, laterals or canals, exclusive of natural waterways, the White Drain and the Settlers Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the City and the Irrigation District(s). Plans will need to be approved. by the appropriate irrigation/drainage Exhibit B — Page 3 CITY OF MERIDIAN PLANNING 6EPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.13.B Provide a stub street to the 5 -acre parcel to the south Parcel #SO434142354 from Lesina Drive. 1.2.B GENERAL REQUIREMENTS PRELIMINARY PLAT 1.2.113 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2B All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.313 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code, 1.2.413 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5B Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does :not relieve the applicant of responsibility for compliance. 1.2.6B Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.3 SITE SPECIFIC REQUIREMENTS—CONDITIONAL USE PERMIT (CUP -05-041) 1.3.1 The site plan prepared by Engineering Solutions, LLP, dated June 27, 2005, is approved, with the conditions listed .herein. Applicant shall meet all of the requirements of the Annexation and Zoning (AZ -05-040) and Preliminary Plats (PP -05-039 and PP -05-040) as a condition of the Conditional Use Permit (CUP -05-041.). 1.3.2 The project shall conform to the R-4 dimensional standards, except as follows: Lot Size - 5,000 sq. ft. (minimum)(attached) 7,000 sq. ft.(minimum)(detached) Lot Frontage - 41 feet (minimum)(on straight-away) 35 feet (minimum)(cho.rd length on a cul-de-sac or curve) Exhibit B — Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 House Size -- 1,200 sq. ft. (minimum)(attached patio home) ® Residential Building Setbacks — The following lots may have a 0 -foot side setback on one side: Lots 6-19 & 21-32, Block 3, Lots 2-13, Bloch 4, and Lots 2-17, Block 5. 1.3.3 As amenities for the subject planned development, construct: a 10 -foot wide asphalt pathway from Black Cat Road to Ten Mile Road; set aside -26 24.4 acres 13.9 acres in Volterra North and 10.5 acres in Volterra South for common useable open space (39 acres including street buffers); construct a pool with restrooms and changing areas, a water feature, and tot -lot play area within the 10.2 -acre private park on Lot 11, Block 21; and a 2.97 -acre private park with a tot lot and plaza area on the south side of McMillan Road. 1.3.4 Construction within. Volterra Subdivision and. Volterra South Subdivision shall substantially comply with the elevations submitted by the applicant at the Planning & Zoning Commission meeting. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Building Code. 1.3.5 Provide erass and other landsca in within the White Drain easement as allowed b Settlers'. Irrigation District through a license agreement. 2. Public Works Department Site Specific Comments for Volterra Subdivision 2.1 A majority of this development is not currently serviceable by the City of Meridian's sewer system. This area is master planned to drain to the yet to be built "North Black Cat Lift Station". The "North Black Lift Station" is under design at this time, however it will not be allowed to be activated until the upgrades to the treatment plant are completed, projected completion date is early 2008. If this development is approved, it shall be subject to the North Black Cat sewer system being available. The applicant shall be able to gravity the portion of land shown to be sewered by the master sewer plan from the Ten Mile Trunk. Any land that can gravity passed that line shall be modeled at the developer's expense and, then, may be sewered only at the Public Work's director's discretion. No substandard grades shall be allowed, nor artificial fill designed to increase sewer expansion. 2.2 At such time as this development is serviceable by the City of Meridian's sewer system, the applicant will be responsible to construct mains to and through this development, coordinate main size and routing with the Public Works Department. The applicant shall execute standard forms of easement for any mains that are required to provide service. 2.3 No "temporary" or "interim" lift stations shall be allowed in this development. 2.4 Any existing domestic well and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation with approval for Idaho Department of Water Resources. 2.5 Meridian City Code 12-5-2-N requires that any new development shall provide pressurized irrigation. The applicant has indicated it is to be a private system owned and maintained by the Exhibit B — Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FORTH E HEARING DATE OF NOVEMBER 9, 2005 Homeowners Association, a draft copy of the operations and maintenance manual shall be submitted prior to plan approval, with a final copy to be submitted prior to signature on the final plat of the last phase by the City Engineer. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the municipal water system shall be required. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat. 2.7 Water service to this site is being proposed via extension of existing mains in Ten Mile Road. The applicant shall be responsible to install mains to and through this proposed development, coordinate main size and routing with the Public Works Department. Applicant to execute City of Meridian standard forms of easements for any mains that are required to provide service. 2.8 This development is on the west side of Ten Mile Road which will be a future boundary for a water pressure zone. The applicant shall be responsible for the installation of any Pressure Reducing Vault's that are necessary to protect this boundary. Each Pressure Reducing Vault shall be designed to include communication capabilities that are consistent with the City of Meridian's Scada system. Coordinate location and number with Len Grady at the Public Works Department. 2.9 Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x II" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be scaled, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.10 No large landscaping shall be allowed within 5 -feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. 2.11 As each commercial and office lot develop a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997.publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian. standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 The preliminary plat depicts drainage ponds being constructed on buildable lots. The applicant shall move all off street drainage ponds into common lots/non-buildable lots, or submit written approval from ACHD that they accept the location. This shall be done prior to signature of the City Engineer on the final plat. 2.13 Vacate any recorded existing drainage or irrigation easement of facilities that are being relocated or abandoned. This includes but is not limited to the McMullen. If they are proscriptive, they need not be vacated. However, if they are a recorded easement, the applicant will agree to vacate them. Exhibit B — Page 6 ( (f CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 2.14 Verify that the unnamed ditches that are shown as being abandoned, do not serve any downstream users. If these ditches are still being used, the applicant shall pipe these facilities or maintain them as per state law. 2.15 Dedicate additional width to the Public Utilities, Drainage, and Irrigation easement along the collector streets. There needs to be 10 -feet of free and clear easement beyond the three -feet of sidewalk that encroaches out of the right-of-way. 2.16 Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.1.7 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.18 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.19 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374, 2.20 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2.21 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.24 All grading of the site shall be performed in conformance with MCC 11-12-311. 2.25 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. Site Specific Comments Volterra South Subdivision 2B.1 A majority of this development is not currently serviceable by the City of Meridian's sewer system. This area is master planned to drain to the yet to be built "North Black Cat Lift Station". The "North Black Lift Station" is under design at this time, however it will not be allowed to be activated until the upgrades to the treatment plant are completed, projected completion date is Exhibit B — Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HCA RING DATE OF NOVEMBER 9, 2005 early 2008. If this development .is approved, it shall be subject to the North Black Cat sewer system being available. The applicant shall be able to gravity the portion of land shown to be sewered by the master sewer plan from the Ten Mile Trunk. Any land that can gravity passed that line shall be modeled at the developer's expense and, then, may be sewered only at the Public Work's director's discretion. No substandard grades shall be allowed, nor artificial fill designed to increase sewer expansion. 213.2 At such time as this development is serviceable by the City of Meridian's sewer system, the applicant will be responsible to construct mains to and through this development, coordinate main size and routing with the Public Works Department. The applicant shall execute standard forms of easement for any mains that are required to provide service. 213.3 No "temporary" or "interim" lift stations shall be allowed in this development, 213.4 Meridian City Code 12-5-2-N requires that any new development shall provide pressurized irrigation. The applicant has indicated it is to be a private system owned and maintained by the Homeowners Association, a drab copy of the operations and maintenance manual shall be submitted prior to plan approval, with a final copy to be submitted prior to signature on the final plat of the last phase by the City Engineer. 2B.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the municipal water system shall be required. If a single -point connection is used, the developer shall be .responsible for the payment of assessments for the common areas prior to signature on the final plat. 28.6 Water service to this site is being proposed via extension of existing mains in Ten Mile Road. The applicant shall be responsible to install mains to and through this proposed development, coordinate main size and routing with the Public Works Department. Applicant to execute City of Meridian standard forms of easements for any mains that are required to provide service. 213.7 This development is on the west side of Ten Mile Road which will be a future boundary for a water pressure zone. The applicant shall be responsible for the installation of any Pressure Reducing Vault's that are necessary to protect this boundary. Each Pressure Reducing Vault shall be designed to include communication capabilities that are consistent with the City of Meridian's Scada system. Coordinate location and number with Len Grady at the Public Works Department. 2B.8 Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Subnut an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and. an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) :for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2139 No large landscaping shall be allowed within 5 -feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. 2B.10 As each commercial and. office lot develop a drainage plan designed by a State of Idaho licensed architect or engineer is. required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in Exhibit B — Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 accordance with Department of Environmental Quality 1997.publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2B.11 The preliminary plat depicts drainage ponds being constructed on buildable lots. The applicant shall move all off street drainage ponds into common lots/non-buildable lots, or submit written approval from ACRD that they accept the location. This shall be done prior to signature of the City Engineer on the final plat. 2B.12 Vacate any recorded existing drainage or irrigation easements of facilities that are being relocated or abandoned. This includes but is not limited to the White Drain. 213.13 Dedicate additional width to the Public Utilities, Drainage, and Irrigation easement along the collector streets. There needs to be 10 -feet of free andclear easement beyond the three -feet of sidewalk that encroaches out of the right-of-way. 213.14 Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, and the Final Plat for tl-us subdivision shall be recorded, prior to applying for building permits. 2B.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2B.16 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed andapproved prior to obtaining certificates of occupancy. 213.17 Applicant shall be required to pay .Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2B.18 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2B.19 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act, 213.20 Applicant shall be responsible for application and compliance with and NPDES .Permitting that may be required by the Environmental Protection Agency. 2B.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2B.22 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2B.23 Compaction test results shall be submitted. to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Exhibit B — Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FORTH E HEARING DATE OF NOVEMBER 9, 2005 2B,24 The engineer shall be required to certify that the street centerline elevations are set a ininimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 213.25 Any existing domestic well and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells .may be used for non- domestic purposes such as landscape irrigation with approval for Idaho Department of Water Resources. 3. Meridian Fire Department 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fixe Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department (see Comment I in Section 3). a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location, as clarified by the Fire Department. e, Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 The phasing plan may require that any roadway greater than 150' in .length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads shall have a turning radius of 28' :inside and 48' outside radius. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide, 3.7 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane", as clarified by the Fire Department.Insure that all yet undeveloped parcels are maintained free of combustible vegetation, 3.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on. site. 39 Building setbacks shall be per the International Building Code for one and two story construction. 3.10 The roadways shall be built to Ada County Highway Standards cross section requirements and. shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These .measurements shall be based on the face of curb dimension. Exhibit B — Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 3.11 Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.12 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and. efficient response by fire and emergency .medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 Maintain a separation of 5' from the building to the dumpster enclosure. 3.14 Provide a Knoxbox entry system for the complex prior to occupancy. 3.15 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.16 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.1.7 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 Where a portion of the facility or building hereafter constructed or moved .into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fare apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). 3.19 For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.20 Pool chemicals shall be stored in compliance with the International Fire Code. 4. Police Department 4.1 The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on Gondola and Malta. 4.2 The pedestrian access to the proposed clubhouse is not well-defined. The applicant shall submit a revised .landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.3 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Pans Department 5.1. Pathway and Trail standards: Pathways and trails to be constructed as directed by the Parks Department. 5.2 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.3 Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed Exhibit B --- Page I I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. It the applicant intends for the City to operate and maintain the 10 acre park, then the design standards of the City must be met. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Volterra Subdivision 7.1 Do not dedicate any additional right-of-way on McMillan Road, but construct a 5 -foot wide (minimum) concrete sidewalk within the Iandscape buffer (with an easement granted to the District) along McMillan Road. 7.2 Construct a 36 -foot wide (maximum) curb return type driveway (full access) that intersects McMillan Road approximately 380 -feet west of Ten Mile Road and aligns with a driveway that is proposed with the Volterra Subdivision South application, as proposed. 7.3 For the first 175 -feet, dedicate by donation a total of 50 -feet of right-of-way from the centerline along Ten Mile Road, and construct a 5 -foot wide (minimum) concrete sidewalk within the landscape buffer (with an easement granted to the District) along Ten Mile Road. At 175 -feet north of McMillan Road, taper the right-of-way at a 10 to 1 ratio to 38 -feet of right-of-way from the centerline of Ten Mile Road. 7.4 Construct a main entrance roadway (West Milano Drive) to intersect Ten. Mile Road approximately 830 -feet north of MacMillan Road to align with the main entrance roadway to Verona Subdivision, as proposed. 7.5 Construct a main entrance roadway (West Malta Drive) to intersect Ten Mile Road approximately 140 -feet south of the north property line to align with the main entrance roadway to Verona Subdivision, as proposed. 7.6 Construct a 36 -foot wide (maximum) curb return type driveway (full access) that intersects Ten Mile .Road approximately 430 -feet north of McMillan Road to align with a driveway that was previously approved with Bridgetower Subdivision, as proposed. 7.7 Dedicate by donation a total of 48 -feet of right-of-way along Black Cat Road, and construct a minimum 5 -foot wide concrete sidewalk along Black Cat Road, located a ininimum of 41 -feet from the centerline of the right-of-way, as proposed. 7.8 Construct a main entrance roadway (West Gondola Drive) that intersects Black Cat Road approximately 40 -feet south of the north property line, as proposed. 7.9 Construct the internal streets as 36 -foot street sections with rolled curb, gutter and 5 -foot attached concrete sidewalks within 50 -feet of right-of-way, as proposed. 7.10 Construct North San Vito Way, West Gondola Drive and West Malta Drive as standard residential collectors with 36 -foot street sections that include vertical curb, gutter and 5 -foot detached concrete sidewalks within 50 -feet of right-of-way, as proposed. Comply with the District's Tree Planter Width Interim Policy. 7.11 Construct West Milano Drive and North Sanoro Way (from Milano Drive to West Divide Creek Drive) as 40 -foot street sections with vertical curb, gutter and 5 -foot attached (or detached) Exhibit B — Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 concrete sidewalks within 54 -feet of right-of-way. Comply with the District's Tree Planter Width Interim. Policy. 7.12 Construct a stub street (West Wapoot Street) to the west property line approximately 1,100 -feet north of McMillan Road. Instal.] a sign at the terminus of the roadway that states, "this roadway will be extended in. the future." 7.13 Construct a stub street (North Napoli Avenue) to the south property line approximately 1,750 -Feet east of Black Cat Road. Instal] a sign at the terminus of the roadway that states, "this road -way will be extended in the future." 7.14 Construct a stub street to the north property line approximately 330 -feet east of Black Cat Road. Install a sign at the terminus of the roadway that states, "this roadway will be extended in the future." 7.15 Extend five stub streets from the north property line into the site from Bainbridge Subdivision, as proposed. 7.16 When the commercial and office lots develop in the future, construct the driveways to be a maximum of 36 -feet in width and be located a minimum of 50 -feet from any street intersection. 7.17 Construct three cul-de-sac turnarounds within the subdivision (two with center islands), as proposed. Construct the turnarounds to provide a minimum of turning radius of 45 -feet and to provide a minimum street section of 29 -Feet on either side of the islands (if an island is proposed within the turnaround). Construct the islands within the turnaround to be a minimum of 4 -feet in width and be a minimum of 100 -square feet in area. 7.18 Construct one knuckle with a center island within the subdivision, as proposed. Construct the knuckle to provide a minimum street section of 29 -feet on either side of the islands and to be 4 - feet in width and be a minimum of 1.00 -square feet in area. 7.19 Construct center islands within West Milano Drive, North Colonne Way, West Divide Creek Drive, West Malta Drive, North San Marco Way, North Girosolo Avenue, West Gondola Drive and North. Buzzini Avenue, as proposed. Construct the islands to be a minimum of 4 -feet wide with a minimum area of 100 -square feet and to maintain a minimum of a 21 -foot street section on either side of the island. 7.20 Construct a northbound left -turn bay on Ten Mile Road at the West Malta Drive/Ten Mile Road intersection. 7.21 Construct a northbound left -turn bay on Ten Mile Road at the Milano Drive/Ten Mile Road intersection. 7.22 Construct a southbound right -turn bay on Ten Mile Road at the West Milano Drive/Ten Mile Road intersection. 7.23 Construct a southbound .right -turn bay on Ten Mile Road for the commercial driveway that intersects Ten Mile Road. 7.24 Construct an eastbound left -turn bay on McMillan Road at the North San Vito Way/ McMillan Road intersection. 7.25 Construct an eastbound left -turn bay on McMillan Road at the North Sangoro Avenue/McMillan Road. intersection. 7.26 Construct a southbound left -turn bay on Black Cat Road at the West Gondola Drive/Black Cat Road Intersection. Exhibit B — Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FORTH EHEARING DATE OF NOVEMBER 9, 2005 7.27 Other than the access points that have specifically been approved with this application, direct lot access to Ten Mile Road, Black Cat Road and McMillan Road is prohibited. A note will be required on the final plat stating the access restrictions. 7.28 Comply with all Standard Conditions of Approval. 7.29 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.30 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.31 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.32 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.33 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.34 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.35 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.36 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.37 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.38 No change in the terms and conditions of this approval. shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.39 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, .regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Volterra South Subdivision 7.1 For the first 175 -feet, dedicate by donation a total of 37 -feet from the centerline of McMillan Road (an additional 12 -feet of right-of-way), and construct a 5 -foot wide (minimum) concrete sidewalk within the landscape buffer (with an easement granted to the District) along McMillan Exhibit B — Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE [-TEARING DATE OF NOVEMBER 9, 2005 Road. At 175 -feet west of Ten Mile Road, tapes- the right-of-way at a 10 to 1 ratio to 25 -feet of right-of-way from the centerline of McMillan Road. 7.2 Construct a main entrance roadway (North Sanoro Way) that intersects McMillan Road approximately 830 -feet west of Ten Mile Road and aligns with the main. entrance roadway that is proposed to be constructed with Volterra Subdivision, as proposed. 7.3 Construct a :main entrance roadway (North San Vito Way) that intersects McMillan Road approximately 750 -feet east of the west property line and aligns with the main entrance roadway that is proposed to be constructed with Volterra Subdivision, as proposed. 7.4 Construct a 36 -foot wide curb return type driveway (full access) that intersects McMillan Road approximately 380 -feet west of Ten Mile Road to align with a driveway that is proposed with Volterra Subdivision. 7.5 For the first 175 -feet, dedicate by donation a total of 48 -feet of right-of-way along McMillan Road, and construct a minimum 5 -foot wide concrete sidewalk along Ten Mile Road, located a within the landscape buffer (with an easement provided to the District for the sidewalk). At 175 - feet south of McMillan Road, taper the right-of-way at a 10 to 1 ratio to 38 -feet of right-of-way from the centerline of Ten Mile Road, 7.6 Construct a main entrance roadway (East Parma Drive) that intersects Ten Mile Road approximately 350 -feet north of the south property line, as proposed. 7.7 Construct a 36 -foot wide curb return type driveway (full access) that intersects Ten Mile Road approximately 430 -feet south of McMillan Road and aligns with West Quintale Drive, as proposed. 7.8 Construct the internal residential streets as 36 -foot street sections with rolled curb, gutter and 5 - foot attached concrete sidewalks within 50 -feet of right-of-way, as proposed. 7.9 Construct North San Vito Avenue as standard residential collector with vertical curb, gutter and 5 -foot detached. concrete sidewalks within 50 -feet of right-of-way. Parking will be prohibited and no access will be provided to this street. Comply with the District's Tree Planter Width Interim Policy. 7.10 Construct North Sanoro Way as a 40 -foot street section with vertical curb, gutter and 5 -foot attached (or detached) concrete sidewalks within 54 -feet of right-of-way. Comply with the District's Tree Planter Width Interim Policy. 7.11 Construct a stub street (North Girasolo Avenue) to the south property line approximately 450 -feet east of the west property Ii:ne, as proposed. 7.12 Construct a stub street (East Pescara Street) to the west property line approximately 900 -feet north of the south property line, as proposed. 7.13 When the commercial and office lots develop in the future, construct the driveways to be a maximum of 36 -feet in width and be located a minimum of 50 -feet from any street intersection. 7.1.4 Construct one cul-de-sac turnaround with a center island within the subdivision, as proposed. Construct the turnaround to provide a minimum of turning radius of 45 -feet and provide a minimum street section of 29-fect on either side of the islands. Design the island within the turnaround to be constructed a minimum of 4 -feet in width and be a minimum of 100 -square feet in area. 7.15 Construct three knuckles with center islands within the subdivision, as proposed. Design the knuckles to provide a minimum street section of 29 -feet on either side of the islands and to be a minimum of 4 -feet in width and be a minimum of .100 -square feet .in area. Exhibit B — Page 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF NOVEMBER 9, 2005 7.16 Construct islands within North San Vito Avenue and North Sanoro Way, as proposed.. Construct the islands to be a minimum of 4 -feet wide with a minimum area of 100 -square feet and maintain a minimum of a 21 -foot street section on either side of the island. 7.17 Construct a westbound left -turn bay on McMillan Road at the North San Vito Way/ McMillan Road intersection. 7.18 Construct a westbound left. -turn bay on McMillan Road at the North Sangoro Avenue/McMillan Road intersection. 7.19 Other than the access points that have specifically been approved with this application, direct lot access to Ten Mile Road and McMillan Road is prohibited. 7.20 Comply with all Standard Conditions of Approval. 7.21 Any existing irrigation facilities shall be relocated. outside of the right-of-way. 7.22 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.23 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.24 Utility street cuts in pavement less than five years old are not allowed unless approved in. writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.25 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.26 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.27 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.28 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.29 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACED shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.30 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.31 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless Exhibit B — Page 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9. 2005 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the c1>angc in use is sought. 8. Settlers' Irrigation District 8.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are Settlers Canal (50' easement), White Drain (60' easement), Coleman Lateral (30' easement), Scrivner Lateral (20' easement), and the Beach Lateral (20' easement). Contact SID for additional requirements. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and Iandscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 The development must supply pressure irrigation access to all Lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre - construction meeting. Exhibit B — Page 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 C. Legal Description VOLTERRA SUBDIVISION .lune 21, 2005 A parcel of land located in the N Y2 of the NE'f of Section 34 and the S %, of Section 27, T. 4N., R. 1W., B,M,r Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 26, 35, and the said Sections 27 & 34, from which the'1 corner common to said Sections 27 and 34 bears North 88°55'55" West, 2654.57 feet, said point being the REAL POINT OF BEGINNING; Thence along the east line of the NE'/ of said Section 34 South 0053'19" West, '1315.58 feet to the southeast corner of the N % of said NE'/; Thence along the south line of said N %s of the NE'/ North 89605'58" West, 2651.08 feet to the southeast corner of said N '/a of the NE 1/4, Thence along the west line of said N % of the NE 11 North 00°44.'17" East, 1323.35 feet to the'/ corner common to said Sections 34 and 27; Thence along the west line of the SE '/, of said Section 27 forth 00°29'09" East, 644.81 feet to the southeast comer of Lot 7, Block 2 of Black Cat Estates No. 2 Subdivision, as same is recorded in Book 32 of plats at Page 1945, records of Ada County, Idaho; Thence along the east line of said Lot 7 North 00"2012" East, 660.00 feet to the northeast corner of said Black Cat Estates No. 2 Subdivision; Thence along the north line of said Black Cat Estates No. 2 Subdivision, North 89'17'29" West, 1261.91 feet; Thence North 12°47'25' Wrest, 206.21 feet; Thence North 88"10'44" West, 896.71 feet,' CIN nParg 1 Thence North 50151'04" West 89.06 feet; AUfi 0 a; L9045 Thence North 34020'48" West, 79.64 feet; h"'OtAN PUBLIC WORKt DEPT. Thence North 19°35'01" West, 111.55 feet; 27; Thence North 89034'24" }/Vest, 291.92 feet to a Point on the West line of said Section Thence along said line North 00031'40 East, 877.06 feet to the West 114 comer of said Section 27; Thence along the East-West mid-section line of said Section 27 South 89°19'43" East, 2649.84 feet to the Center of said Section 27; 4'M02,610402 -pre das.doc Exhibit C — Page l CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FORTH E HEARING DATE OF NOVEMBER 9, 2005 Thence South 89020`38,' East, 2650.99 feet to the East 1/4 corner of salt Section 27; Thence South 00°21'48" West, 2644,37 feet to the POINT OF BEGINNING, Contalnincg 312.67 acres, more or less. Exhibit C --- Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 n5 2p�5 10;50nM,: EnCineering Solutions 208 938 O`J41 t June 21, 2005 PROPOSED L-0 ZONE VOLTERRA SUBDIVISION Parcels of land located in the NE'/ of the NE %, of Section 34 and the SE'/, of the SE 'd of Section 27, T, 4N„ R. 1W., B.M., Ada County, Idaho, more partieufariy described as follows: PARCEL A A parcel of land located In the NE'/, Of they NE s/ of said Secfioo 34' more particularly described as follows: Commencing at the corner common to Sections 26, 35, and the said Sections 27 & 34, from which the % corner common to said Sections 27 and 34 bears North 88.55'55" West, 2654-57 feet, thence along the east line of said Section 34 South 00"53'19" West, 820.35 feet to the REAL. POINT OF BEGINNING; Thence continuing along said east line South 00"53'99" West, 395.23 feet to the southeast comer of the NE'/ of the NE 1/4 of said Section 34; feet; /, Thence along the south line:Of said NE X of the NE' North 8905'58' West, 482.58 Thence North 00°52'09" East, 403.38 feet to a point on a curve; Thence 90.48 feet along the arc ofa non -tangent curve to the left, said curve having a radius of 500.00 feet, a delta angle of 10°22'06', and a long chord bearing South 83°55'02" East., 90.36 feet to a point of tangency,- Thence angency;Thence South 89°06'05" East, 392.73 feet to the POINT OF BEGINNING, Containing 4.38 acres, more or less. PARCEL.13 A parcel of land located In the SE % of the SE Y. of said Section 27, more particularly described as follows: Commencing at the corner common to Sections 26, 35, and the said Sections 27 & 34, from which the '/A corner common to said Sections 27 and 34 bears North 88055'55" West, 2654.57 feet, thence along the south line of said Section 27 North 88'55'55' {Nest, 899.32 feet to the REAL_ POINT OF BEGINNING; Thence continuing along said south line North 88955'55" West, 324.99 feet; Thence North 01°05''14" East, 841.20 feet; Exhibit C — Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 Thence North 44°47'17" East, 93.29 feet; Thence North 5245527" East, 466.72 feat; Thence North 63°01'16" East, 62.80 feet; Thence North 75018'10 East, 54.86 feet; Thence North 82"23'09^ East, 82.0() feet; Thence South 89°38'12" East, 609.47 feet to a point on the east line of the SE I/ of said Section 27; Thence along said east line South 00°21'48" West. 351.02 feet; Thence North 89°38`72° West, 485.14 feet to a point of curvature; Thence 623.40 feet along the arc of a curve to the left, said curve having a radius of 400.04 feet, a delta angle of 89e17'44", and a long chord bearing South 45°42'56" West, 562.20 fleet to a point of tangency; Thence South 01 004'04" West, 499.73 feet to the POINT OF BEGINNING. Containing 14.89 acres, more or less. A 44 'Rr P 411.1 2140402 LO.ft%d,,c Exhibit C — Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 nu C 05 2005 10'50AM.,EnC1nverinU Solutiones . 208 830 0041 P'n June 21, 2005 PROPOSED R-4 ZONE VOLTERRA SU13DIVISION A parcel of land located in the N % of the NE 114 OF Section 34 and the S Yz of Section 27, T. 4N., R. 1W., B.M., Ada County, Idaho, more Particularly described as follows: Commencing at the comer common to Sections 26, 35 and the said Sections 27 & 34, from which the X comer common to s" Sections 27 and '34 bears North 88055'55" West, 2654.57 feet, thence along the south fine of said Section 27 North 88055,55,, West, 891,32 feet to the REAL POINT OF BEGINNING; Thence South 01'04'04" West, 421-51 feet to a point of Curvatura; Thence 696.40 feet along the arc of a curve to the left, said curve having a radius of 500.00 feet, a delta angle of 79'48'04", and a long chord bearing South 38'49'57' East, 041.46 feet to a point; Thence South 00'52'09" West, 403.38 feet to a point on the south line of the N % of the NE 1/4 of said Section 34; Thence along said south line North 89'05'58" West, 2168.50 feet to the southeast corner of said N342 of the NE 1/4; Thence along the west line Of said N'/ of the NE '14 North 00044'17" East, 1323.35 feet to the Y4 corner common to said Sections 34 and 27; Thence along the west line of the SE 1/4of said Section 27 North 00'29'09* East, 644.81 feet to the southeast corner of Lot 7 Block 2 of Black Cat Estates No. 2 Subdivision, as same is recorded in Book 32 of plats at �age 1945, records of Ada County, Idaho: Thence along the east line of said Lot 7 North 00'20'12" East, 660-00 feet to the northeast comer Of said Black Cat Estates No. 2 Subdivision: Thence along the north line of said Black Cat Estates No. 2 Subdivision 89`17'29" West, 1281.91 feet, North Thence North 12'47'25' West. 206.21 feet; Thence North 88°10'44° West, 896.71 feet; Thence North 50°51'04" West, 59_06 feet; Thence North 34°20'48° West, 79.64 feet; Thence North 19°35'01" West, 111.55 feet; 40fit 40402-R4,des,doc Exhibit C — Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 Thence North 89034124' West. 291-92 feet to a Point on the west fine of the S V, of said Section 27; Thence along said west line NOrfh 00'31'40" East, 877,()B feet to the of said 8 Y, Of Section 27; northwest comer Thence along the north boundary of said S Y2 of Section 27 South 89019'43" East, 2649.84 feet to the Center'! 4 Comer of said Section 27, Thence continuing said north boundary South 89'20'38'* East, 2650 99 feet to the northeast comer Of said S Vz Of Section 27; Thence along the east fine ne Of said S '/- Of Section 27 South 00'21'481, West, 1387.61 Thence North 89*38-12- West 609.47 feet; Thence South 82*23'09" West, 52.00 feet; Thence South 75018'10" West 54-86 feet; Thence South 63"01,16- West, E32.80 feet; Thence South 52'55'27" West, 466.72 feet:; Thence South 4447'77" West, 93.29 feet: Thence South 0 1 *05, 1 O� West, 841.20 feet to a Point on the south rine of the 3 sold Section 27; .1 of Thence along said south line South 88b55,5611 East, 324.99 feet to the POINT OF BEGINNING, Containing 258-21 acres, more or less. Exhibit C — Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 Au c 05 Roos 10-50nM - EnCi,eerjnC 5ajutlan,5 . 20B 036 0941 P.5 June 21, 2005 PROPOSED CG ZONE VOLTERRA SUBDIVISION A parcel of land located in the NE V, of the NE Yt of Section 34 and the SE'/ of the SE Of Section 27, T. 4N., R- IW,, 13A., Ada Gounty, Idaho, more particularly described as follows: Commencing at the corner common to Sections 26, 35, and the said Sections 27 & 34, from which the/- corner common to said Sections 27 and 34 bears North 88,55,55, West, 2654.57 feet. said point being the REAL POINT OF BEGINNING; Thence along the east line of the NE X of said Section 34 South 00'53'18" West, 920.35 feet; Thence North 89*06'05' West, 392.73 feet to a point of curvature; Thence 786.88 feet along the arc of a curve to the right, said curve having a radius of 500.00 feet, a delta angle Of 90'10'10". and a long chord bearing North 44'01'01" West 708.16 feet to a point of tangency; Thence North 01'04'04" East, 421,51 feet to a point on the north line of said NE of Section 34; V Thence continuing North 01 "04'04' East, 499.73 feet to a point of curvature; Thence 623.40 feet along the arc of a curve to the right, said curve having a radius of 400.00 feet, a delta angle Of 89°17'44% and a long chord bearing North 45042'56" East, 562-20 feet to a Point of tangency; Thence South 89'38'12" East, 485.14 feet to a point on the east line of the SE Y of said Section 27; 'chance along said east line South 00°211'48" West, 905.74 feet to the POINT OF BEGINNING. Containing 35.19 acres, more or less. C) 4431 der F 1p". Exhibit C — Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 Exhibit C — Page 8 --vz5-4m. T1411' Ko lumuffrig 0 nN N Col.' ou t, M. mi -t and C7, A I 03 h, < 01 E ink Z4 cr, 1AX cf k! -�A R -k5-7-117- R1, -71 BL�,cv cA7 pr,;[, C9 Ni M U 2 Exhibit C — Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 D. Required Findings from Zoning Ordinance 1. Annexation Findings: The commission and council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed. zoning amendment: A. Will the new zoning be hannonious with and in accordance with the comprehensive plan and, if not, has there been an application for a comprehensive plan amendment; In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; `low density' consist of single-family homes at densities of three dwelling units or less per acre. City Council finds that the requested residential zoning designation, R-4, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the 80 acres adjacent to Black Cat Road to be "Law Density Residential", and "Medium Density Residential" adjacent to Ten Mile Road and McMillan Road. Some of the larger lots in the development are within the area designated for low density residential. Although the applicant has not submitted calculations, City Council believes that this area contains less than 3.0 dwelling units per acre. Excluding the office and commercial areas, the overall net density of the project is 3.56 dwelling units per acre (2.8 d.u./acre is gross density). The density proposed with the preliminary plats are consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these low and medium density areas. The Zoning Ordinance allows up to 20 percent of a site to be approved for uses not normally permitted in the area. The applicant is requesting L-0 and C -G zoning for approximately 54 of the 312 acres (17%). In addition, in the applicant's undated cover letter, several Comprehensive Plan policies are listed, all of which support the annexation and proposed residential use of the property. City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted two preliminary plats and a conditional use permit for a planned development that proposes single-fanuly, commercial and office lots on the subject site (PP -05-039, PP -05-040 & CUP -05-041). City Council does .not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP/PD and PP applications are approved. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; City Council finds that the single-family homes would. be allowed (permitted) within the requested R-4 zone, (if the accompanying Conditional Use Permit for a Planned Development is also approved). However, because the applicant has not submitted a detailed conditional use permit application for the commercial and office portions of the development, all buildings within the L -O and C -G zone will need CUP approval prior to Exhibit D —Page 1 m CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 construction. City Council recommends that this requirement should be included in the Development Agreement for this property. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; There have been no recent street improvements in the area. None of the abutting roadways, Ten Mile Road, McMillan Road, and. Black Cat Road, are within ACHD's Five Year Work Program or CII' (20 -year plan) for road widening. Bainbridge Subdivision to the north has been tentatively approved for development similar to what is being proposed with Volterra Subdivision. Bainbridge Subdivision is not currently being developed because sewer service is not available to that site. The subject property is generally surrounded by rural residential acreages. City Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council .rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant has not submitted elevations for the proposed dwelling units or commercial buildings. The applicant has stated in their submittal packet that the home elevations will be similar to those in the Bridgetower Crossing Subdivisions. If constructed similarly to those in Bridgetower, City Council believes that the design of the dwelling units will be compatible with the adjoining uses. City Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive flan. City Council does not find that the proposed zoning/uses will adversely change the essential character of area. F. Will the proposed uses not be hazardous or disturbing to existing or fixture neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses. City Council does not anticipate that the proposed uses will be disturbing to future or existing neighbors, as long as landscaping, fencing and other recommended conditions are exercised. Further, City Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer; or will the person responsible for the establishment of the proposed zoning amendment be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. This development is currently not serviceable by the City of Meridian's sanitary sewer system. Sewer service for this development will be via the future North Black Cat lift station. At this point in time, the Meridian City Council has approved funding for the design; .however no funding has been approved for the Exhibit D — Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 construction. If this development is approved, it shall be subject to the North Black Cat sewer system being available. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. City Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACRD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On September 16, 2005, a joint agency/department comments .meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and. school facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that the proposed annexation and the development of this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and. subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct eight public street accesses and four driveway accesses to the existing public street system. ACRD is supportive of the proposed streets and driveway locations. If is designed and constructed as required by the ACRD and the City, City Council does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Exhibit D — Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 4, 2005 The Settlers Canal and the South Slough both bisect this property. City staff considers both of these features scenic in nature. City Council recommends that these features be protected and enhanced by the applicant. There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. L. Is the proposed zoning amendment in the best interest of the city. In accordance with thefndings listed above, City Council. finds that the annexation and zoning o this pro—per., as proposed by the aRglicant, would be in the best interest of the City (see Analysis section in the StaffReport) 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The conformance of the subdivision with the Comprehensive Development PIan; Please see Annexation Findings Item A above. B. The availability of public services to accommodate the proposed development; Please see Annexation Findings Items G and H above. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to the Commission's attention.. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. CUP Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this title; Exhibit D — Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Or NOVEMBER 9, 2005 As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage, lot size, house size, side setback and maximum block length requirements of the R-4 zone. City Council finds that the subject property is large enough to accommodate the requested use and all other required ordinance features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned .Development, to modify specific development standards. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan andin accordance with the requirements of this Ordinance; City Council finds that the proposed subdivision is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential" and "Low Density Residential" (provided the Commission and Council grant the requested planned development and use exception). Please see Annexation Findings A. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see Annexation Findings E. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council finds that if the applicant complies with all of the conditions of approval, this development will not have an adverse impact on other properties. The Commission. and Council rely upon public testimony, staff's analysis, and other agency comments when determining if the proposed uses will adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation Findings G and .H, the conditions in Exhibit B, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and. services and will not be detrimental to the economic welfare of the community; Please see Annexation Findings H. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation Findings I. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Exhibit D — Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 Please see Annexation and Zoning Findings J. The Comrmission and. Council should review any colniments received from the ACRD regarding this project when d.etenmining this finding. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Aivlexation and Zoning Findings K. 4. Planned Development Findings: Upon recommendation of the conunission, the council may authorize specific uses not normally permitted by the use regulations of the zone in which the development is located. In granting such authorization, the corornission and council shall make the following findings: A. The uses permitted by the exception are strongly related to the principal use of the development, and have the purpose of providing services or facilities useful or complementary to the primary use. Although no specific uses are being proposed at this time, it is anticipated that the uses permitted by the exception will relate to adjacent single-family homes. The applicant is proposing to provide both buffers between the land uses and vehicular and pedestrian connections so that the commercial uses will not be intrusive on the residential development, but the residents will still be able to access the businesses located in their .neighborhood. Staff and the Commission should further evaluate the relationship of the proposed uses in the L -O and C -G zones with the single-family homes when CLIP applications are submitted for buildings in the future. B. No more than twenty percent (20%) of the total area of the project shall be devoted to the uses permitted by the exception. The percentage of use exception allowed will be determined by the commission and council based upon the size of the project and intensity of the use exceptions. The applicant is proposing that over 17% of the total. area of the project be devoted to non -.residential zoning. City Council finds that the percentage of the use exception proposed is appropriate in this location. C. The development will be phased so that construction of the excepted use or uses will be justified by construction of all or a proportionate amount of the principal or primary use or uses. The applicant has not committed to a phasing plan. At full build out, City Council finds that the construction of the non-residential uses will be in good proportion to the amount of residential area being constructed in the area. D. The uses pernutted by the exception are integrated into the overall project by: 1. Being located in proximity to and within convenient walking distance of the primary uses. See Planned Development Findings "A" above. 2. Utilizing one or more of the main vehicular accesses to the primary use site as the main access to the exception site or interconnection through a system of private roadways and/or pathways. On the south side of McMillan Road, the applicant is proposing to construct a public street with commercial uses on one side and residential uses on the other. The applicant is also proposing pedestrian connections between the residential and non-residential areas. Exhibit D — Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 City Council finds that the uses are adequately interconnected. 3. Providing pedestrian and bicycle pathway connections with the primary use site. See Planned Development Findings "A" above. 4. Orienting buildings on the exception site to facilitate vehicular and/or pedestrian access from the primary use site. No specific buildings are being proposed at this time on the commercial and office lots. When CUP applications are submitted for the buildings in the future, staff and the Commission will evaluate the building orientations to ensure that vehicular- and pedestrian access is facilitated. 5. Continuing architecture, landscaping, and building bulk concepts from the primary use into the use of the exception site so they are consistent and harmonious throughout the development. City Council recommends that the Development Agreement include a provision that requires all non-residential buildings to contain architectural features and bulk building concepts that are similar to the residential buildings. City Council further recommends that the applicant, at the public hearing,state how they 121an to integrate the look of the commercial buildinias and lots with the residences (specific features on the buildings). The use(s) permitted by the exception are neighborhood- or community -serving in size and character and not regional, and are .not detrimental to adjacent .neighborhoods in location and character. City Council finds that the size and character of the non-residential zones proposed are appropriate to serve the community and should not be detrimental to adjacent neighborhoods. Exhibit D — Page 7 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF LANDMARK ENGINEERING AND PLANNING FOR FINAL PLAT APPROVAL OF 74 BUILDING LOTS AND 5 COMMON LOTS ON 19.72 ACRES IN AN R-8 ZONE LOCATED SOUTH OF EAST VICTORY ROAD AND WEST OF SOUTH LOCUST GROVE ROAD IN A PORTION OF THE SW'/a OF THE NE '/a OF T. 3N., R. 1E., SECTION 30 CIC November 9, 2005 CASE NO. FP -05-065 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 1.1-6B-3 on November 9, 2005, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: November 9, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SICILY SUBDIVISION LOCATED IN A PORTION OF THE SW'/4 OF THE NE'/4 OF T. 3N., R. IE., SECTION 30, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SICILY SUBDIVISION / (FP -05-065) Page I of 3 DATE: 10118105, SHEET I OF 3, LANDMARK ENGINEERING AND PLANNING, INC.", is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: November 9, 2005, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 15 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Landmark Engineering and Planning, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required onsite improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SICILY SUBDIVISION / (FP -05-065) Page 2 of 3 The Applicant is hereby notified that pursuant to Idaho Code 678003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of (✓� U'�'L6 , 2005. By:� III, flit, Tammy de rd A�ayor, C LLaf Meridian Attest: William G. Berg, Jr., Ci CIA �+ww Copy served upon Applicant, the Plann` g y ng� e�artment, Public Works Department, and City Attorney. fill it 11"W`' By: &Q 6V I Dated: 11 z J ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SICILY SUBDIVISION / (FP -05-065) Page 3 of 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORDS DEPARTMENTS STAFF REPORT f� Yi STAFF REPORT: Hearing Date: November 9, 2005 Transmittal Date: November 2, 2005 TO: Mayor & City Council FROM: Sonya Watters, Assistant City Plannerm m Michael Cole, Development Services Coordinator SUBJECT: Sicily Subdivision Request for a Final Plat Approval of Sicily Subdivision Consisting of 74 Single- family Residential Building Lots and 5 Common Area Lots on 19.72 Acres in an R-8 Zone by Landmark Engineering & Planning, Inc. (File#FP-05-065) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These comments and conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council APPLICATION SUMMARY & LOCATION The applicant, Landmark Engineering & Planning, Inc., has applied :for final plat approval of Sicily Subdivision. This subdivision includes 74 single-family residential building lots and 5 common area lots on 19.72 acres in an R-8 zone. The gross density of this phase is 3.75 dwelling units per acre and the net density is 4.81 dwelling units per acre. This subdivision is located approximately'/ mile south of E. Victory Road and % milc west of S. Locust Grove Road, in the NE '/a of Section 30, T.3N., R. I E. The common area lots proposed within Sicily Subdivision will consist of landscaping and open space. Some of the amenities proposed within the common lots include pathways and a half court basketball court. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Sicily Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved annexation (AZ -05-014) and preliminary plat (PP -05-01.6) for this site. 2. It appears to staff that the pressurized irrigation system is to be owned and maintained by Nampa and Meridian Irrigation District, If Nampa and Meridian Irrigation District is to own and maintain this system then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the Exhibit "A" FP -05-065 Sicily Sub FP.doc .PAGE I CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. Revise the landscape plan, dated 9/26/05, prepared by Jensen Belts Associates, as follows: a. Include a detail of the proposed fencing with construction materials shown b. Include contours for storm drainage areas Submit 3 full-size copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer, 5. All fencing shall comply with UDC H. -3A-6 and 11-3A-7. 6. Sanitary sewer service and municipal. water to this site shall be via extensions from the Roseleaf and Chatsworth developments to the east. These developments are currently under construction and the City of Meridian does not guarantee service in the timelines established in the UDC. 7. The applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 8. There appears to be a discrepancy between the bearing called out on the eastern boundary of this development and the bearing of record from the neighboring plats. Prior to the City Engineer's signature of the final plat, the applicant shall confirm that the bearings of record of adjacent platted subdivisions comply with the bearings of boundaries common to this development, or denote bearings of record on the plat. 9. The storm drainage on this site is being indicated to be routed to an infiltration pond, with any overflow being diverted to a ditch located on the northern boundary of this property. The applicant shall submit evidence from the ditch owner that they have permission to use the ditch. Additionally, the applicant shall enter into a discharge agreement with the entity having jurisdiction over the receiving waters. 10. Revise or add the following notes on the face of the plat dated 10/18/05, prepared by Landmark Engineering & Planning, Inc., as follows: (10.) Complete recorded instrument number (*.) Add a note stating, "The bottom elevation of structural footings shall be set a minimum of 12 -inches above the highest established normal ground water elevation." 11. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other Exhibit "A" FP -05-065 Sicily Sub FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPART MENTS STAFF REPORT non -vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 12. Complete the Certificate of Owners. 13. Staff's failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final PIat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of l 10% shall be required for all uncompleted fencing, landscaping, amenities pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including sewer, :fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. One -hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. Exhibit "A" FP -05-065 Sicily Sub FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 10. Coordinate fire hydrant placement with the city of Meridian Public Works department. H. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 13. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Developer shall coordinate mailbox locations with the .Meridian Post Office. 15. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Sicily Subdivision (FP -05-065) with the above stated comments and conditions. Exhibit "A" FP -05-065 Sicily Sub FP.doc PAGE 4 { 11/08/2005 12: 02 208466 .j44 LANDMARK PAGE 02 " 104 9"' Ave. South, Suite C PLAA7gXQ bvC. Nampa ID, 83651 M17: (las) 442-6300 •Fax, (208) 466-0944 To: Anna Canning, Director Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 Date: November 08, 2005 Re: Sicily Subdivision Final plat Dear Anna: We are requesting final plat approval for 74 ,residential lots and 5 common lots on approximately 19.72 acres, The site is located generally '!a mile south of Victory Rd. and 'A mile west of Locust Grove Rd. We are in. concurrence with the staff report and conditions ofapproval. As a point of clarification, the Ridenbaugh Caual near the west boundary will remain an open waterway and will not be tiled. The waiver from tiling the canal was previously approved by the City Council with t}1e annexation and preliminary plat. If you have any questions or comlme,nts regarding this request, please contact me at (208) 442- 6300. SIncerely, i Clinton Boy;c, , dCP Cc: Bruce Blaser AOA COUNTY RECORDER d. DAVID NAVARRO AMOUNT Ui} E BOISE Y HO Gall Garrett 12:06 PM DEPUTY Gail Garrett RECORDED -REQUEST OF 105177035 Meridian City CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-015 CROSSFIELD SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE EAST % NORTHWEST /4 OF SECTION 1 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R -S (MEDIUM DENSITY RESIDENTIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Packard Estates Development, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -05-015 CROSSFIELD SUBDIVISION Page 1. of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area snaps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION S. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this � day of NO, V""t7 ✓6 e h -12005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this -! t day ofOlre,hzd -f 2005. ON de WEERD ATTEST: BEAL WILLIAM G. BERG, JR., CITY CE h� ANNEXATION OF AZ -05-015 CROSSFIELD SUBDIVISION Page 2 of 3 STATE OF IDAHO, ) : ) ss. County of Ada. ) On this day of `�l�'t�,L , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have seal the day and year first above written. hereunto set my hand and affixed my official 66990004 N 0 0 , AT (SEAL) C -4 NOTARY PUBLIC FOR IDAHO RESIDING AT: Lbw a r �m� MY COMMISSION EXPIRES: ANNEXATION OF AZ -05-015 CROSSFIELD SUBDIVISION Page 3 of 3 Fab IG 05 05:03p TERLEY'S LAND SURVEYING 20e3eS(r-9G p,2 TEALEY'S LAND 2501 Bogus Basin Rd.. Boise, Idaho 83702 SURVEYING (208) 385-0636 20 FaX (208) 385-0696 Project No.: 2608 Date: February 16, 2005 DESCRIPTION FOR PACKARD ESTATES LLC SENIUNICH PARCEL A parcel of land being a portion of the East '/ NW % of Section 1, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at a Brass Cap marking the North 1 Corner of said Section 1; Thence along the North Line of government Lot 3 of said Section 1, North 88042'32" West 20.00 feet to the POINT OF BEGINNING: Thence leaving said North Line, and along a Line being 20,00 feet (20') Westerly of and parallel with the East fine of said Government Lot 3, South 0007'35" West 1340.75 feet to a point being on the South Line of said Government Lot 3; Thence leaving said parallel Line, and along said South Line, North 89015'40" West 644.63 feet to a point marking the Southwest Corner of the East 1/z of said Government Lot 3; Thence leaving said South Line, and along the East Line bf the West 'h of the 5E % NW X of said Section 1, South 00005'33° West 1308.14 feet to a point being on the North Line of a Certain Quit Claim deed on file under Instrument No. 100089834 in the OfFce of the Ada County Recorder; Thence leaving said East Line, and along the Nort said Quit Claim deed, h Line of North 89027'28" West 344.94 feet to a point; Thence continuing, North 591127'05" Vilest 370.05 feet to a point on the West Line of the West of the SE'/ NW f of said Section 1, Thence leaving said North Line, and along the West Line of the West % of the SE l NW %4 of said Section 1, North 00°03'32" East 1150.71 feet to an iron pin being on the South Line of a Certain Quit Claim deed on file under Instrument No. 101004778 in the Office of the Ada County Recorder; Thence leaving said West Line, and along the South Line of said Quit Claim deed, South 89°05'12" East 9.45 feet to a point marking the Southeast Comer of said Quit Claim deed; Thence leaving said South Line, and along the East Line of said Quit Claim deed, North 00139'13" East 1327.77 feet to a point being on the North Line of said Government Lot 3; Thence leaving said East Line, and along the North Line of said Government Lot 3 South 88042'32" East 1287.80 feet to the POINT OF BEGINNING: ���r! `� �► Said Pa rcel Contains 59.30 Acres, more or �ess. �2 r RI; w APPW / 9 GF � BY r z ob ..-140 �0 ary•dac -!hk H. MM 2 "-11010 s CM,�S ,�- e—Cc r�ek'�Ii(y�r[d�� NkERIDIAN PUBLIC Or WORKS DE€'_T, RUT Ex ku�am 5 E Eas772• '�--�....— �- — _ _ _ nm,ey _ — —'— — — _" — _L--------- 1 i � I 1 f ! �(7-1 ! I I I fr-- —a I-- — I I i IIIiEI ' __ !_ $$ Y 1 P,97S.E 51 1 II i ISI I�T 1_E� I �I T! r' _i �' T-' r' T_ -# fr- �""'t _IJFJ rl T'1 T1 I �! I� I I I it r EGrw]a srr. _ ss97avI >4N No, I j N 8975'19' W 644.6T }A .......... ly E If k� .----------- ----fan '- E71E MILE CREpt T Mi:it}IAN PtlE3LI ! N CROSSFIELD SUBDIVISION! ! ENGINEERING ba" oev�LOPER OWNBS OF RECORO O o PLANNER ' eac PROPOSED REZONE ,I sSOLUTIONSSEC—u�Car PaCI4Rp Esr•r£s oE+ELcvuL'n uc P°°E" uo raxrrvaslra I ZE•�ry o_ a 1 Ext �e RL D 5xx1 u, f�StA+OrY W1T. 57E. 1nl3JE 1uMUtu+E X�uu&� F.In_ 3u ']J L ,I[E16 5iEEE], .- 8 _ " Ma F'4a Vb oaa !a p6e1 v eRRCHl..4N CCLNtt, aW 1 a_10�}'8 L36z6 — {tie} ]P3 .IX'] - I:�I 3}3-,�G •-I[f� I .e..w u.ry a n«� tw a. Prmarr •�-uvw.0 r ]ef MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Canvassing the Votes for City General Election November 9, 2005 ITEM NO. 17 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i� n CITY u,-a�'` OFFICIAL RESULTS �Y1G IGS I wGENERAL CITY ELECTION �11'`" "' NOVEMBER 8, 2005 Precinct #800 #809 #802 #803 Total For COUNCIL MEMBER SEAT #2 - Four Year Term Joe Borton 944 937 234 197 632 99.46 For COUNCIL MEMBER SEAT #4 - Four Year Term Keith Bird 938 925 295 110 588 85.09 Christopher Cluphf 5 90 94 3 32 4.63 Total Ballots Cast 952 952 259 128 699 2.8 Registered Voters 4742 6889 9092 3954 24,677 Same Day Registration 92 22 27 92 73 Canvased Votes - approved by the City Council on November 9, 2005. William G. Berg, Jr. - City Clerk CITY OF OFFICIAL RESULTS 4 fee, r1dia 7 i�#���3c ` GENERAL CITY ELECTION IDAHO % NOVEMBER 8, 2005 13HJ Precinct #800 #809 #802 #803 Total For COUNCIL MEMBER SEAT #2 — Four Year Term Joe Borton 944 137 234 977 632 99.46 For COUNCIL MEMBER SEAT #4 — Four Year Term Keith Bird 938 125 215 110 588 85.09 Christopher Cluphf 5 10 14 3 32 4.63 Total Ballots Cast 952 952 259 128 699 2.8 Registered Voters 4742 6889 9092 3954 24,677 Same Day Registration 12 22 27 92 73 b Canvased Votes -- approved by the City Council on ovember 9, 2005. o LL - William G. Berg, Jr. —(tit; Q4,erk !1119! Tara Green From: Bill Musser Sent: Thursday, November 03, 2005 11:35 AM To: Tara Green Subject: RE: Draft Agenda for 11/9 CIC Meeting Follow Up Flag: Follow up Flag Status: Green Tara, I will have a couple of things - I have a consent agenda item, an Idaho. Power Easement agreement for the New K-9 building. Just needs Mayor's signature and notary. I will be dropping it off to you later today. I am hoping to have some info back from Bill Nary on some re -organization items for the PD. I was looking to cover this in a department report. -----Original Message ----- From: Tara Green Sent: Thursday, November 03, 2005 11:16 AM To: (watterss@meridiancity.org); albertsm@meridiancity.org; Anna Canning (canninga@meridiancity.org); Barb Shiffer (shifferb@meridiancity.org); Bill Musser (musserb@meridiancity.org); Bill Nary; Brad Hawkins -Clark (hawkinsb@meridiancity.org); Brad Watson (watsonb@meridiancity.org); Bruce Freckleton (freckleb@meridiancity.org); Craig Hood (hoodc@meridiancity. org); Diane Stewart (stewartd@meridiancity.org); Doug Strong (strongd@meridiancity.org); Elroy Huff (huffe@meridiancity.org); Jessica Johnson (johnsonj@meridiancity.org); Joe Guenther (guenthej@meridiancity.org); Josh Wilson (wilsonj@meridiancity.org); Karie Glenn (glennk@meridiancity.org); Kenny Bowers (bowersk@meridiancity.org); Kristy Vigil (vigilk@merldiancity.org); Len Grady (gradyl@meridiancity.org); Machelle Hill (hillm@meridiancity.org); Reta Cunningham (cunningr@meridiancity.org); Rick Clinton (clintonr@meridiancity.org); Ron Anderson (andersor@meridiancity.org); Shaun Wardle (shaunwardle@yahoo.com); smiths@meridiancity.org; Stacy Kilchenmann (kilchens@meridiancity.org); Steve Siddoway (siddowas@meridiancity.org); Tammy de Weerd (deweerdt@meridiancity. org); Ted Baird; Will Berg (bergw@meridiancity.org) Subject: Draft Agenda for 11/9 C/C Meeting Comments / Additions / Recommendations? Deadline is today 11-03-05 at 5:00 p.m. Thank you!! Have a great day!!! Tara Green Deputy City Clerk City of Meridian 208-888-4433 E C F El Vr NOV -- 4 20111 Valley Timesof Meridian P.O. Box 1790 - Eagle, Idaho 83616 CSitlymerk Office LEGAL ADVERTISING PROOF OF PUBLICATION Account:—U41 &-f Zj2V1',U,, Identification: F P Address: DLILI) 'Ave - Run Dates: 10,11 ( Attention Number Lines Other Amount_- 31 o L rf . z Frank Thomason, being duly sworn, deposes is the Principal Clerk of October 31, 2005 1Ls iewspaper published at 'e of Idaho; that the said REQUEST FORTRO,POSALS -al circulation in the said CITY OF WRIDL&N L PROPOSAL (RFP) for the i the vicinity of Meridian, I&Okct FEE STUDIES ate experiemo and expertise as been uninterruptedly be n studies. andimplementa is issuing a REQUEST FOR PROPOSAL (RFP)1 for ounty during a period of The city of Meridian. d t new growth.can as mach i appropriate m, ertise a weeks prior to the first purpose 1�-t- 'ndMd61'or'firm. with :Ii6rience an exp... urp se, of selecting ing anj and parks needs of the J�i!npact fee studies and impici 611ta- in the area; of residential and. non residential Dpy of which is attached tare to update Meridian's s to 'ensuring that' new.gro,�A� can, as much and tion. the City of Meridian is.. colmn"tted ..'..... .: capital improvements notice was published in as possible, pay for th the public safety and. pqks. needs of the e impact it creates on es for law enforcement and i ity with Secti o n 60-1 [7 8, area 'Th I the are to update meridian's City. and its ca of..impact.,.. e.904. S.0f. .. Objcct. improvements tits. Bid packages may be inded, for 2- time(s) existingk .. d recreation impact fee methodology and capital, AVe I parks an re.cru.. ill �3 East Idaho Issue of said paper, and implementation of imp.ai6t fees, for law enforcement and plan and stijily. the possible services b improvements. Bid. pa.ckages. may.. e per proper, and not in a flie emergency medical ices capita ay, November J(Y, 2065 to icked up at the City Clerks Office, Meridian City Hall, 33 East J( ld notice was published o 83642. P eridian, Idah Meridian, Idaho 93642 Aiations may. be conducted on the following dates: November 0..2005 to Is or . req . uests for L --r Proposals must.be submitted by 5.0opm.on Thursday, Proposa u o � City Clerk; Ci I of Meridian, . ' t�e C ty33 East Idaho weane Meridian, Idaho. 83642� City Clerk or Ted Baird, once the proposals are received, discussions and/or negotiations maybe conducted . e this Request for Proposals orrequests..for with submitters. All questions concerning additional information should be directed to Will Berg, City :Clerk or Ted Baird, Deputy pity, Attorney. at (208). - 4433. baica this I Mi. day of. 06tober. 2005. r-,-% William Q Berg, Jr 7 City Clerk STATE OF IDAHO) Publish October 17th and.. 3.1 st, 2005. )SS On this day of COUNTY OF ADA) in the year of 2005 before me, a Notary Public, personally appeared Frank Thomason, known or identified to me to be the person �,OT AR -k % �Z name e is suAcribed to the within instrument, ®Cap and being b z 'y aw me declared that the Z sta e he are ledged to me that % B P ecuted the same. 90, In tlu TW OF Notary Public for Idaho Res4Lnjat B ID My Commission expires: 1-7 q !NA, NOV 4 2005 r-ity of W�eridian Valley Times pity clerk Office P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: 04 Q'd Identification:C-u-e\ q e -CA CAvt W_ I P11 , 1 1) Address: C_ Run Dates: '05- PJ" ZA AP_r (, 6L ly Number Lines Amount 5-2, 4(f Attention: Other It 3 1 6 Z- N0T11Cv...nF PUBLIC HEARFNC— .)n, being duly sworn, deposes NOTICE. OF PUBLIC ME'ARING... 10 hat he is the Principal Clerk of NOTICE IS HERBY GI , V .ie city of merid- to. the Ord ian and the Laws ant Mances Of the City .of Merid-:: City of Meridian eekly newspaper published at y, State of Idaho; that the said of the State of. Idaho,,that will t die, City Council of the City of Meridian Meridian, hold. a public hearing thedianCity Hall,. 33 East Wenue Ave , i general circulation in the said . ,Idaho nue, Meridian, .Idaho', at4he.hour"of 7-00 dian�. i, for the purpose pm.pn, ednesday,.y0yembor:0, 2,005,,for the purli :. r located . ted at 55 of d . .. , . , .1 . ... — ". : 1. . . purpose ty an consid considering and in the vicinity of Meridian, .reviewing th e,,�coAvcyance /. transfer of:property, located �1-ripti0t) as More E at 55. Broadway in: the.. City of Meridian with, legal description more and has been uninterruptedly said County during as particularl d n Townsite. ......Y.: escribed. as lots 2p,jind�2 l'of block I �:of. the Meridia . n T6 'sjt6� e to. the Mer . i n n Meridian a period of -ecutive weeks prior to the first I :..The proposed transaction would e real. prqpert� convey th Development , orpo, inn V ration to e.,Meiridi ;e, a copy of which is attached Por further Info' ice at 888-4433. information lease contact the. City. C ! lerks'ofiris Office at sm-4431.: iat the notice was published in DATED of October ,er 2005. :)nformity with Section 60-108, Is amended, for 2- time(s) WillianiAa Berg; Jr. City, C lerk entire issue of said paper, and ewspaper proper, and not in a "PU ISH.Octobcr. 17th and 3 lit, 2065 that said notice was published BEFORE TM` MERIDIAN CITY COUNCIL on the following dates: 0S~ DECLARATIOWOF INTENT: TO:,., NOTICE'O'JF TRANSFER OR CONVE Y, ::". ICE OR OF ACTION .. 1. .. .. . .. 1. .. . .. REA)L SUMI PROPERTY ..AARY OF ACTION �',EN BY: . BY Y COUNCIL 0- 1-0 ble i 3 zoor C COUNCIL. i t k urns On the 2tith day. of July, u y, -2005, the M In open'session, en. ian .6b6ci, in.open session,. pent Corporation approved.an intent to cony /transfer-Iept,Co4oi�ii. City of Meridian MeridianDevel" ceitaiii a property . . . ocafe, 0Pn on� h... C !at 5:5� EdSt,B`r6d 'A' ',,ity.of,l�6j1dib lv�ay,,� STATE OF IDAHO) and yenue.inj e. legally described as lots T. .20 and 21 6 f,Block 1 of the; Meridian �fer shall be held -regarding, )SS COUNTY OF ADA) e:Public hearing _thO 040se conveyance / transfer shall be held • ity Hall, 33 East at 7:Wp.rn.:�cin. Widnesday,','N6vetnbtr 9' M5j, at t . he Meiid::.:. vkov, in the year of 2005 IdahoMeridian,JdA6. 33 East►the 26th day of y Public, personally appeared By action f fire ecitycotii,ciiatitsregular :iyi6etiiii.held pri.: the 2 th d ay of::. I ntified to me to be the person 2005. �e e gibed to the within instrument, ROLL: TED YEA SHAUN CUL:. `.Col . .... . ')TED duly sworn, declared that the .MAN. Vott . YEA -A COUNCILMAN CHRISTINEV DONNELL YEA. 1'ED.. arW acknowledged to me that . .. .... COUNCILMAN: CHARLIA RPUNTRW YOTED. ED YEA YEA.. L,, he executed the same. COUNCILMAN KEITH BIRD VOTED YEA VOTED Notary Public for Idaho MAYOR TAMMY de WEEP. (tfe. breakei). VOTED Resdi at B Ise, ID Sion expires: ->L Notice of Public Hearing was published�to.notify the ind copy served ' and copy. served Attorney's Of .Ipu.b.l.icI upontke PlanniiDepaitinOt'P Public Works Devartin�h(ind. the 'AftOrneyI 'Offee . . BY. DATED: Berg, �Aiarn la TBJ�� City Clerk STATE OF IDAHO) )SS �6 xf ti ++,SCItilII+Id93°° +6+• p�, PET��°�.,• gp 240 �jppg 5 3 �, °°e°°000°°°° City Of Meridian Valley Times City Clerk Office P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION e G .° p B B tti e:' Account: & Q v t c r, Identification: SGS Lc lA , Pip Address: 33 E— fcla-U Ove. Run Dates: I 10 S- ` b b q Z Number Lines Z Lf I S _ ( Amount 20 -70 Attention: Other tr q, Frank Thomason, being duly sworn, deposes and says: That he is the Principal Clerk of Valley Times, a weekly newspaper published at Eagle, Ada County, State of Idaho; that the said F NOTICE o> AUCTION 3l -os �a 5✓ ry ' ar is in general circulation in the said fAda, and in the vicinity of Meridian, NOTICIi IS,M GIVE?q.pursnant,ta the ordmances_of 1he:City.of Mend= Ian andthe laws of the State, of Idaho that -the Cttyounc�i >f Merid- Eagle, and has been uninterruptedly Meridian ied in said County during a period of of the.Ci will.hold a public auction at the Meridian C�ty,Hail, 3j— East Idaho Aveuue� lVleridi$n, Idaho, at the hour. of 3 00 p m on :SVednesda 'November !Avenue, it consecutive weeks prior to the first 2t 2005' is notice, a copy of which is attached 2; 2005; for the sale ofsurplus property locate[€ at Lot 63 Sl©ck I4 In` Thousand SPr�ugs $uhdxvislon No..S, Ada.Coun Idaho to.xhe highest County,.10 bousand." and that the notice was published in d that no. Ys, bidder and tb t°no bids -shat! be accepted for less th' " the minimum declared value o£ $3 500 00 for. the City in conformity with Section 60-1 Q$, for the of Meridian as per Idaho State: ode -.50 4403 Por any add�tionaUpmformatfon oti.the property and ormation Code, as amended, for time(s) auction terms and;conditians {formal bid aoka a )� Please ar and entire issue of said paper, and contact the Caty`Clerks Office at 208 888 4433 P g P�e85e jin the newspaper proper, and not in a DATED this: i0tfi of- October, 2005 e int; and that said notice was published n the following dates; Wilhara C 43erg Ir Ciry_Clerk t 11ng I c k t "7 Z0 PunisH October 17th and.34st, 2005. Ending 2.ot7S� STATE OF IDAHO) )SS On '� COUNTY OF ADA) ++,SCItilII+Id93°° +6+• p�, PET��°�.,• this day of -22L-%)- _ in the year of 2045 before me, a Notary Public, personally appeared °°e°°000°°°° Frank Thomason, known or identified to me to be the person qso'•,} . ®• �pT AR y whose name is subscribed to the within instrument, and being by m first duly sworn, declared that the st to herein ar tr a and acknowledged to me that e G .° p B B tti e:' he executed the same. 1 , �P+ ��°'•., Notary PuPlic for Idaho .IO f. Resi`di at Oise, ID My Commission expires: 3� (' *xc TX CONFIRMF„iON REPORT * AS OF NOV 28 '05 11:15 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 02 11/08 11:14 2088586595 EC --S 00'52" 003 147 OK Revised November 4, 2005 CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Wednesday, November 9, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roil -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Glen Olsen: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 25, 2005 City Pre -Council Meeting: B. Approve Real Estate Purchase and Sale Agreement and Deed for Thousand Springs Surplus Property: C. Agreement for Professional Services Water Division Building Project with Materials Testing & Inspection, Inc.: D_ Idaho Power Easement Agreement for the New K-9 Building: E. Approve the Water Main Easement for Pioneer Building #2.- 6. 2:6. Department Reports: A. Police Department — Bill Musser 1. Re -Organization Items for Police Department: 7. Items Moved from Consent Agenda: Meridian City Council Meeting Agenda — November 9, 2005 Page i of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andfor hearings, please contact the City Clerk's Office at $884433 at least 48 hours prior to the public meeting. Revised November 4, 2005 CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Wednesday, November 9, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. pledge of Allegiance: 3. Community Invocation by Glen Olsen: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 25, 2005 City Pre-Councif Meeting: 13. Approve Real Estate Purchase and Sale Agreement and Deed for Thousand Springs Surplus property: C. Agreement for professional Services Water Division Building Project with Materials Testing & Inspection, Inc.: D. Idaho Power Easement Agreement for the New K-9 Building: E. Approve the Water Main Easement for pioneer Building #2: 6. Department Reports: A. Police Department — Bill Musser 1. Re -Organization Items for Police Department. 7. Items Moved from Consent Agenda: Meridian Ctty Council Meeting Agenda — November 9, 2005 Page 9 of 3 Ali materials presented at public meetings shall become properly of the City of Me€idian. Anyone desiring accommodation for disabilities falated to documents andfor hearin, please contact the City Clerk's Office at ;388,4433 gs at least q8 hours prior 10 the public meeting. P 00S,f 1 � CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Wednesday, November 9, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Glen Olsen: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 25, 2005 City Pre -Council Meeting: B. Approve Real Estate Purchase and Sale Agreement and Deed for Thousand Springs Surplus Property: C. Agreement for Professional Services Water Division Building Project with Materials Testing & Inspection, Inc.: D. Idaho Power Easement Agreement for the New K-9 Building: E. Approve the Water Main Easement for Pioneer Building #2: 6. Department Reports: A. Police Department -- Bill Musser 1. Re -Organization Items for Police Department: 7. Items Moved from Consent Agenda: Meridian City Council Meeting Agenda — November 9, 2005 Page 9 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. FP 05-065 Request for f=inal Plat approval of 74 building lots and 5 common lots on 19.72 acres in a R-8 zone for Sicily Subdivision by Landmark Engineering and Planning — south of East Victory Road and west of South Locust Grove Road: 9. Public Hearing for Transfer of City Parking Lot to the Meridian Development Corporation: 10. Ordinance No. : Transferring City Parking Lot to the Meridian Development Corporation: 11. Public Hearing: AZ 05-040 Request for Annexation and Zoning of 312.67 acres from RUT to C -G, L-0 and R-4 zones for Volterra Subdivision by Primeland Development, LLP -- southwest and northwest corners of North Ten Mile Road and McMillan Road: 12. Public Hearing: PP 05-039 Request for Preliminary Plat approval of 613 building lots (540 detached single-family residential, 9 commercial, 11 office) and 53 common area lots on 232.32 acres in proposed R-4, C -G and L -O zones for Volterra Subdivision by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: 13. Public Hearing: PP 05-040 Request for Preliminary Plat approval of 205 building lots (134 detached single-family residential, 54 attached single- family residential (patio homes), 13 commercial, 4 office) and 22 common area lots on 80.36 acres in proposed C -G, L -O and R-4 zones for Volterra Subdivision South by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: 14. Public Hearing: CUP 05-041 Request for a Conditional Use Permit for a Planned Development for a mixed use development that includes reductions to the minimum requirements for lot size, street frontage, house size, setbacks and increased block lengths for Volterra Subdivision by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: 15. Ordinance No. AZ 05-015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC — 955 West Ustick Road: 16. Canvassing the Votes for City General Election: Meridian City Council Meeting Agenda — November 9, 2005 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. * TX CONF Ir...,TION REPORT AS OF NOV 04 '05 15:32 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 26 11/04 15:24 PUBLIC WORKS MODE MIN/SEC PGS CMDU STATUS 27 11/04 15:25 8846723 EC --S 00'41" 002 EC ---S 00'41" 002 123 OK 123 OK 2e 11/04 15:27 8841159 EC --S 00'42" 002 123 OK 29 11104 15=28 2088840744 30 EC --S 00'43" 002 123 OK 11/04 15=29 POLICE DEPT 31 EC --S 00'41" 002 123 OK 11104 15:30 8985501 3211104 EC --S 80'41" 002 123 OK 15:31 LIBRARY --- EC --S 00'52" 002 123 OK P�CoSe I C Lr,,.S" CITY OF MERIDIAN' CITY COUNCIL MEETING AGENDA Wednesday, November 9, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -Cali Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Glen Olsen: 4. Adoption of the Agenda: 5. Consent Agenda: X Approve Minutes of October 25, 2005 City Pre -Council Meeting: B. Approve Real Estate Purchase and Sale Agreement and Deed for Thousand Springs Surplus Property: C, Agreement for Professional Services Water Division Building Project with Materials Testing & Inspection, Inc.: D. Idaho Power Easement Agreement for the New K-9 Building: E. Approve the Water Main Easement for Pioneer Building #2: 6. Department Reports: A. Police Department—Bill Musser 1. Re -Organization Items for Police Department: 7. Items Moved from Consent Agenda: Meridian City Council Meeting Agenda — November 9, 2005 page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor herings, please contact the Cily Clerk's Office at 888-4433 at least 48 hours prior to athe public mooting. COMMUNICATIONS REPORT x AS OF NOV 04 '05 15;32 PAGE.01 CITY OF MERIDIAN TOTAL PACES TOTAL TIME SEND 0071 RECEIVE 0002 SEND : 00028'35" RECEIVE : 00000'42" 01 DATE TIME TO/FROM 11/04 09:13 4951259 MODE MIN/SEC PGS CMD# STATUS 02 11/04 09:32 EC --S 04'06" 013 113 OK 03 11/04 09:45 IDAHO ATHLETIC C EC ---R EC --S 00'42" 002 00'47" 002 115 OK X0}4 11/04 09:53 WORKS EC 00'50" 002 116 118 OK OK 05 nPOUB�LII}C 11/04 07:54 8849 [2�3ry �---�S* 00'51"002y 118 OK 06 11/04 09:55 8841159 EC --S EC --S 00'51" 002 118 OK 07 11/04 09:57 2088840744 EC --S 00'52" 002 118 OK 08 11/04 09:58 POLICE DEPT EC --S 00'52" 002 118 OK 09 11/04 09:59 8985501 EC --S 00'51" 002 118 OK 10 11/04 10:01 LIBRARY EC --S 01'07" 002 116 OK 11 11/04 10:02 92083776449 EC --S 00'50" 002 118 OK 12 11/04 10:04 P -AND -Z EC --S 00'51" 002 118 OK 13 11/04 10:06 ALL AMERICAN INS EC --S 00'51" 002 118 OK 14 11/04 10:07 FIRE DEPT EC ---S 00'51" 002 118 OK 15 11/04 10:08 SERVER G3 --S 01903" 002 118 OK 16 11/04 10:10 208 387 6393 EC --S 00'51" 002 118 OK 17 11/04 10:11 ADA CTY DEVELMT EC --S 00'51" 002 116 OK 18 11/04 10:13 2088885052 EC --S 00'52" 002 118 OK 19 11/04 10:15 POST OFFICE EC --S 01'23" 002 118 OK 20 11/04 10:17 IDAHO ATHLETIC C EC --S 00'52" 002 118 OK 21 11/04 10:19 ID PRESS TRIBUNE EC --S 00152" 002 118 OK 22 11/04 10:20 2088866701 EC --S 00'50" 002 118 OK 23 11/04 10:25 3886924 EC --S 00'51" 002 118 OK 24 41/04 10:35 LAKEVIEW GOLFCOU ----S 00'00" 000 118 BUSY 25 11/04 12:28 IDAHO ATHLETIC C EC --S 00'39" 002 121 OK 26 11/04 15:24 PUBLIC WORKS EC --S 00'41" 002 123 OK 27 11/04 15:25 8848723 EC --S 00'41" 002 123 OK 28 29 11/04 15:27 8841159 EC --S 00'42" 002 123 OK 30 11/04 15:28 2088840744 EC --S 00'43" 002 123 OK 11/04 15:29 POLICE DEPT EC ---S 00'41" 002 123 OK 31 11/04 15:30 8985501 EC --S 00'41" 002 123 OK 32 11/04 15:31 LIBRARY EC --S 00'52" 002 123 OK *k TX CON' ' ATION REPORT ** AS OF ND) 04 '05°,3:51 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDN STATUS 01 11/04 15,33 92083776449 EC --S 00'41" 002 123 OK 02 11/04 15:34 3886924 EC --S 00'41" 002 123 OK 03 11/04 15:35 P—RND—Z EC --S 00'42" 002 123 OK 04 11/04 15:36 FIRE DEPT EC --S 00'41" 002 123 CK 05 11/04 15:37 SERUER G3 --S 00'52" 002 123 OK 06 11/04 15:39 208 387 6393 EC --S 00'41" 002 123 OK 07 11/04 15:40 ADR CTY DEUELMT EC --S 00'42" 002 123 OK 06 11/04 15:41 2088865052 EC --S 00'41" 002 123 OK 09 11/04 15:42 LAKEVIEW GDLFCOU G3 --S 01'20" e02 123 OK 10 11/04 15:44 IDAHO ATHLETIC C EC --S 00'41" 002 123 OK 11 11/04 15:46 ID PRESS TRIBUNE EC --S 00'41" 002 123 OK 12 11/04 15:50 2088886701 EC --S 00141" 002 123 OK ------------------------------------------------------------------------------- P1%if y0. } Vb- 1-ubI c LVOtb\CI*- - 1 it at tom, .. CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Wednesday, November 9, 2005 at 7:08 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Glen Olsen: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 25, 2005 City Pre -Council Meeting: B. Approve Real Estate Purchase and Sale Agreement and Geed for Thousand Springs Surplus Property: C. Agreement for Professional Services Water Division Building Project with Materials Testing & Inspection, Inc.: D. Idaho Power Easement Agreement for the New K-9 Building: E. Approve the Water Main Easement for Pioneer Building 42: 6. Department Reports: A. Police Department—Bill Musser 1. Re -Organization Items for Police Department: 7. Items Moved from Consent Agenda: Meridian ity council n e 2005 All ma erials p sd at public meetings shall hsoo eAgenda — ep operty aT the CSItty of Meridian. Anyone desiring accommodation for dlsabllldes related to documents and/or hearings, please contact the City Clerk's office at 88BA433 at least 48 hours prior to the public mseting. .. k.-I -Y)c =j Revised November 4, 2005 CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Wednesday, November 9, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Glen Olsen: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 25, 2005 City Pre -Council Meeting: B. Approve Real Estate Purchase and Sale Agreement and Deed for Thousand Springs Surplus Property: C. Agreement for Professional Services Water Division Building Project with Materials Testing & Inspection, Inc.: D. Idaho Power Easement Agreement for the New K-9 Building: E. Approve the Water Main Easement for Pioneer Building #2: 6. Department Reports: A. Police Department -- Bill Musser 1. Re -Organization Items for Police Department: 7. Items Moved from Consent Agenda: Meridian City Council Meeting Agenda — November 9, 2005 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised November 4, 2005 8. FP 05-065 Request for Final Plat approval of 74 building lots and 5 common lots on 19.72 acres in a R-8 zone for Sicily Subdivision by Landmark Engineering and Planning — south of East Victory Road and west of South Locust Grove Road: 9. Continued Public Hearing from November 1, 2005: PP 05-044 Request for Preliminary Plat approval of 60 single-family residential building lots and 4 common area lots on 23.9 acres in a R-4 zone for BLP � north of West Ustick Road and No. 14 by Primeland Development, Crossing Subdivision west of North Linder Road: 10. Public Hearing for Transfer of City Parking Lot to the Meridian Development Corporation: 11. Ordinance No. Transferring City Parking Lot to the Meridian Development Corporation: 12. Public Hearing: AZ 05-040 Request for Annexation and Zoning of 312.67 acres from RUT to C -G, L -O and R-4 zones for Volterra Subdivision by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: 13. Public Hearing: PP 05-039 Request for Preliminary Plat approval of 613 building lots (540 detached single-family residential, 9 commercial, 11 office) and 53 common area lots on 232.32 acres in proposed R-4, C -G and L -O zones for Volterra Subdivision by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: 14. Public Hearing: PP 05-040 Request for Preliminary Plat approval of 205 building lots (134 detached single-family residential, 54 attached single- family residential (patio homes), 13 commercial, 4 office) and 22 common area lots on 80.36 acres in proposed CTG, L -O and R-4 zones for Volterra Subdivision South by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: 15. Public Hearing; CUP 05-041 Request for a Conditional Use Permit for a Planned Development for a mixed use development that includes reductions to the minimum requirements for lot size, street frontage, house size, setbacks and increased block lengths for Volterra Subdivision by Primeland Development, LLP — southwest and northwest corners of North Ten Mile Road and McMillan Road: Meridian City Council Meeting Agenda — November 9, 2005 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised November 4, 2005 15. Ordinance No. AZ 05-015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC — 955 West Ustick Road: 17. Canvassing the Votes for City General Election: Meridian City Council Meeting Agenda — November 9, 2005 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. m* TX CONFIRMR SON REPORT *x AS OF OCT 18 '05 09:02 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD4 STATUS 83 10/16 09:01 8848723 EC --S 00'3?" 002 164 OK NOTICE OF PUBLIC MAKING NOTICE IS HERBY GIVEN pursuant to the Ordinances of the City of Meridian and the ,Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Wednesday, November 9, 2005, for the purpose of reviewing and considering the conveyance / transfer of property located at 55 East Broadway Avenue in the City of Meridian with legal description as more particularly described as lots 20 and 21 of block I of the Meridian Townsite. The proposed transaction would convey the real property to the Meridian Development Corporation. For further information, please contact the City Clerks Office at 888-4433. OF DATED this 10th day of October, 2005. = `moo AL - William G. Berg, Jr., Ci Cbr PUBLISH October 17th and 3 t st, 2005.